Delhi Court Sets Aside Order Refusing Probe Into Sonia Gandhi Electoral Roll Allegation

A Delhi court on Monday set aside a magistrate's order refusing to order a probe into an allegation that Congress leader Sonia Gandhi's name was included in an electoral roll three years before she acquired Indian citizenship in 1983.

Special Judge Vishal Gogne allowed a revision petition challenging the September 11, 2025 order and remanded the matter to the magistrate for a fresh, reasoned decision.

The revision plea was filed by advocate Vikas Tripathi, vice-president of the Central Delhi Court Bar Association at the Rouse Avenue courts.

The special judge termed the magistrate's earlier order “non-speaking”, holding that it suffered from a manifest error of law due to non-compliance with Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The court noted that the magistrate had not heard the submissions of the concerned police officer or called for a status report from the police station, as required under the law.

The judge also observed that the magistrate failed to consider the two options available under the law — directing registration of an FIR or proceeding with an inquiry under the relevant BNSS provisions.

Instead, the magistrate had focused on the issue of citizenship, while the primary question before the court was whether the complaint disclosed the commission of a cognisable offence, the judge said.

“The impugned order suffers from a manifest error in law,” the court observed.

The court accordingly quashed the September 11 order and directed the magistrate to reconsider the complaint after hearing fresh arguments and pass a reasoned order.

The proceedings relate to an allegation concerning Sonia Gandhi's inclusion in an electoral roll before she became an Indian citizen. The latest order does not establish the truth of the allegation, but requires the magistrate to reconsider whether the complaint warrants further legal action in accordance with the prescribed procedure.

The matter has been listed for further proceedings on September 29.