Voter List Dispute
Delhi Court Revives Sonia Gandhi Voter List Inclusion Case From 1980
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Key Points
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The Special Court criticised the complaint’s earlier dismissal as relying only on “a photocopy of an unverified record,” calling it a “bald assertion” rather than a sufficiently reasoned assessment.
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The court specifically directed the magistrate to issue a speaking order in accordance with Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) after hearing the complainant’s arguments afresh.
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BJP spokesperson Pradeep Bhandari cited the constitutional requirement of citizenship to vote, saying, “The Constitution of India states that a person needs to be a citizen of India to vote.”
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Bhandari said that if forged documents were used, the alleged conduct could attract punishment of up to seven years under Section 337 of the Bharatiya Nyaya Sanhita and would constitute a cognizable offence.
A Delhi court has revived a complaint accusing Congress leader Sonia Gandhi of being registered to vote in 1980—three years before she obtained Indian citizenship in 1983. Times of India reported that the Special Court for MP/MLA cases ordered a lower court magistrate to reconsider the case, saying the earlier dismissal relied too heavily on unverified documents and lacked proper legal reasoning.
The BJP seized on the ruling, with spokesperson Pradeep Bhandari questioning how Gandhi could have been added to the electoral roll without citizenship and suggesting forged documents may have been involved. The allegations have not been proven in court, and a fresh hearing is scheduled for September 29.
Court Finds Earlier Dismissal Legally Flawed
The Special Court criticized the magistrate's initial decision as relying on "a photocopy of an unverified record" and calling it a "bald assertion." Indian Express noted the court specifically ordered the magistrate to issue a detailed, reasoned order under Section 175(3) of the new criminal procedure code after hearing arguments from the complainant afresh.
The court did not dismiss the complaint's legal merit but instead sent it back for proper examination. A fresh hearing will determine whether the allegations actually constitute a cognizable offense—a crime serious enough for police to arrest without a warrant.
BJP Raises Citizenship and Document Forgery Claims
BJP spokesperson Pradeep Bhandari cited India's constitutional requirement that only citizens can vote. He said, "The Constitution of India states that a person needs to be a citizen of India to vote." Since Gandhi obtained citizenship in 1983, being on the 1980 voter roll would violate this rule.
Bhandari alleged forged documents may have been used to register Gandhi. Times of India reported he claimed such conduct could attract up to seven years in prison under forgery laws and would constitute a serious, prosecutable offense. The Congress party has not yet responded to the fresh charges.
No Proof Yet as Case Returns to Lower Court
The court's order does not prove Gandhi violated any law—it simply sends the case back for a proper legal review. The magistrate must now hold a full hearing and decide whether the allegations are strong enough to warrant an investigation or prosecution.
Deccan Chronicle noted the next hearing is set for September 29. Congress party leaders, including Rahul Gandhi, have not yet addressed the ruling or the BJP's specific accusations about Sonia Gandhi's voter registration.
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