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Sessions court issues notice to Sonia Gandhi challenging dismissal of electoral roll complaint

The Sessions Court on Rouse Avenue on Tuesday issued notice to Sonia Gandhi while hearing her revision petition challenging the Magistrate’s September order rejecting her claim of wrongful inclusion in the 1980-81 electoral rolls.

The direction was passed by Sessions Judge Vishal Gogne after hearing preliminary submissions on behalf of the revisionist.

Senior Advocate Pavan Narang, appearing on behalf of revisionist Vikas Tripathi, argued that the matter should be reconsidered as the material on record shows that there were serious irregularities in the entry of Sonia Gandhi’s name in the electoral roll before she became an Indian citizen.
He argued that “some documents must have been forged and falsified in order for his name to be included in the 1980 electoral roll”, emphasizing that his name was later deleted and re-entered in 1983, based on an application made in January 1983; According to him, both incidents occurred before he received citizenship.

Narang argued that the Representation of the People Act expressly allows only Indian citizen to register as a voter and therefore the entries raise questions requiring judicial review.


He added that the initial complaint was based on an article containing clips of electoral rolls, but the revisionist has now received certified copies from the Electoral Commission and these have been put on record to substantiate the claim.
After considering the allegations, Justice Gogne issued notice to both the respondents, including Sonia Gandhi. The prosecutor accepted the notice on behalf of the State. The court also directed that the Supreme Court Record (TCR) be summoned for full consideration of the issues raised in the correction.

The issue is now listed for discussion on January 6. On this date, the Court of Session will continue to hear the appeal against the Magistrate’s decision to dismiss the complaint at threshold.

The revision petition arises from a complaint filed by advocate Vikas Tripathi, which the Judge dismissed at the threshold on the grounds that it lacked legal basis and relied solely on uncertified photocopies of election records from 1980. The judge also observed that issues related to citizenship and electoral rolls fall solely within the jurisdiction of the Central Government and the Election Commission of India and cannot be decided through a criminal complaint.

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