Delhi court orders fresh hearing in Sonia Gandhi electoral roll complaint

A Delhi court on Monday set aside a magisterial order that had declined to order a probe into a complaint alleging that Congress leader Sonia Gandhi's name appeared on the electoral roll about three years before she acquired Indian citizenship in 1983.

Special Judge Vishal Gogne quashed the order, describing it as "non-speaking", and remanded the matter to the magistrate for a fresh, reasoned decision after hearing arguments afresh. The case will be taken up again on September 29.

The complaint was filed by Advocate Vikas Tripathi, who is vice-president of the Central Delhi Court Bar Association at the Rouse Avenue courts. It was dismissed by the magistrate on September 11, 2025, prompting the revision plea that the sessions court has now allowed.

In his ruling, the judge said the order suffered from a manifest error of law because it did not comply with Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita. The provision, he noted, required the magistrate to hear the submissions of the police officer concerned and to call for a status report from the relevant police station.

The judge observed that the magistrate had not weighed the two options available under the law — directing the registration of an FIR or, alternatively, conducting proceedings under the BNSS. He added that instead of examining the central question of whether the complaint disclosed the commission of a cognisable offence, the magistrate had turned to the issue of citizenship.

The matter now returns to the magistrate for a fresh order.