Full Breakdown
Delhi Court Sets Aside Magistrate Order in Sonia Gandhi Voter-Roll Complaint
By Drooid · · How we work
Core Event: Revision Petition Over Pre-Citizenship Electoral Entry
On September 21 2026, Special Judge Vishal Gogne of the Delhi Sessions Court allowed a revision plea filed by advocate Vikas Tripathi. The judge set aside the Additional Chief Judicial Magistrate’s September 11 2025 order that had refused to direct a police investigation into the allegation that Congress leader Sonia Gandhi’s name was entered in the New Delhi parliamentary constituency electoral roll in 1980—three years before she acquired Indian citizenship on April 30 1983. The matter was remanded for fresh consideration, with a hearing scheduled for September 29.
Background & Context
Tripathi, vice-president of the Central Delhi Court Bar Association, lodged the original complaint in September 2025, asserting that Gandhi’s name appeared on the 1980 roll, was deleted in 1982 after the Election Commission flagged irregularities, and was re-entered in 1983 following her naturalisation. He argued that the 1980 entry required forged documents and sought registration of a First Information Report (FIR) under the Bharatiya Nagarik Suraksha Sanhita (BNSS). The magistrate dismissed the plea on September 11 2025, prompting Tripathi to file the present revision petition.
Legal Issues & Procedural Findings
The Sessions Court held that the magistrate’s order was “non-speaking” because it failed to comply with Section 175(3) of the BNSS, which obliges a magistrate to hear the concerned police officer and obtain a status report before deciding whether a cognisable offence is disclosed. The court noted that the magistrate did not evaluate the two statutory options: (1) directing registration of an FIR, or conducting an inquiry under BNSS provisions.
Official Statements & Responses
- Vikas Tripathi maintained that the electoral-roll entry was fraudulent, asserting that he had obtained an attested copy of the 1980 roll from the Election Commission and that the sequence of inclusion, deletion, and re-inclusion warranted a police probe.
Verbatim Quotes
- “Any allegation of tampering with the electoral rolls, fraudulent inclusion of the name of a voter, inclusion of the name of a non-citizen, and possible use of false declarations or documents merits a reasoned order to determine whether allegations relating to cheating and forgery have been disclosed,” — Vishal Gogne, special judge
Data & Timeline
- April 30 1983 – Date Sonia Gandhi acquired Indian citizenship.
- 1980 – Alleged first inclusion of Gandhi’s name in the New Delhi electoral roll.
- 1982 – Deletion of the name after Election Commission irregularity findings.
- September 11 2025 – Magistrate’s order dismissing the FIR request.
- December 9 2025 – Sessions Court issued notice to Gandhi following Tripathi’s revision petition.
- February 6 – Gandhi’s written response labeling the complaint frivolous.
- September 21 2026 – Sessions Court set aside the magistrate’s order.
- September 29 (scheduled) – Fresh hearing of the complaint before the Additional Chief Judicial Magistrate.
What’s Next
The remanded matter will be heard on September 29, when the magistrate must consider Tripathi’s allegations, hear the Delhi Police, and issue a reasoned order either directing registration of an FIR or conducting an inquiry under BNSS. No determination of guilt or innocence has been made; the court’s focus remains on whether the procedural thresholds for a cognisable offence are met.