The court termed the magistrate's order "non-speaking" with regard to the facts of the case.

Updated on: Sep 21, 2026, 15:27:30 IST

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A Delhi court has set aside a magistrate's order refusing to probe allegations against senior Congress leader Sonia Gandhi over her inclusion in electoral rolls, in a case dating to a period three years before she acquired Indian citizenship.

Special Judge Vishal Gogne of the Rouse Avenue Court, while orally reading the operative portion of the order, said the magistrate's decision passed in September last year was at variance with the allegations made by the petitioner regarding the alleged forgery.

The court also termed the magistrate's order "non-speaking" with regard to the facts of the case. The court has remanded the matter back to the magistrate for an appropriate inquiry and hearing the matter afresh by a special court on September 29.

The court said that the magistrate order branded complaint as lacking particulars and that it suffers from “manifest error of law”.

This comes after a Delhi court junked a complaint on September 10 questioning Sonia Gandhi’s alleged inclusion in the electoral roll in 1980, before she became an Indian citizen in 1983, holding that the accusations lacked substance and abused the process of law.

Additional Chief Metropolitan Magistrate Vaibhav Chaurasia had passed a brief four-page order to the effect on September 10, after extensively hearing the complainant, Vikas Pathak’s arguments over two hearings.

While dismissing the complaint, the court pointed to the lack of any cogent evidence against the Congress leader, which could prove she forged papers to enroll herself as a voter, while maintaining the issue itself went beyond the court’s jurisdiction.

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Judge Gogne said the magistrate had passed a "perverse and improper" order without giving the investigating officer of the Delhi Police sufficient time to respond to the allegations and submit a status report.

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