A DELHI court on Monday set aside a magistrate’s order refusing to probe the allegation that Congress leader Sonia Gandhi’s name was included in the electoral roll three years before acquiring Indian citizenship in 1983. Special Judge Vishal Gogne was hearing a revision plea against the magisterial court’s order on a complaint filed by advocate Vikas Tripathi, vice president of the Central Delhi Court Bar Association of the Rouse Avenue courts. Pronouncing substantive portions of the order orally, the judge said, “An order of the court must maintain fidelity towards the law, and not flirt with facts. This court finds itself unravelling the impugned order rendered by the Additional Chief Judicial Magistrate (ACJM) on this yardstick.” The judge said Tripathi’s complaint was that Sonia Gandhi’s name was unlawfully entered in the electoral roll of New Delhi Parliamentary Constituency in 1980, whereas she attained Indian citizenship only in 1983, and although the name was deleted in 1982, it was re-entered in 1983.

 

“It alleged that even this reentry was prior to the acquisition of citizenship by her on April 30, 1983,” the judge noted. He said the magistrate’s order dismissed the complaint, saying that it was based on bald assertions, unaccompanied by essential particulars of cheating and forgery, and based on a photocopy of the photocopy of the uncertified electoral roll in 1980. “The sanctity of the electoral roll is an article of faith for every citizen in a parliamentary democracy. The mightiest in the land may only be a voter or citizen at par with others less powerful,” the judge said. “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,” he said.