New Delhi, Sep 21 (IANS): A Delhi court on Monday set aside an order passed by a magisterial court refusing to direct registration of an FIR on allegations of fraudulent inclusion of Congress leader Sonia Gandhi’s name in electoral rolls, and remanded the matter for fresh consideration.
Special Judge Vishal Gogne directed the ACJM concerned to pass a fresh speaking order after hearing the parties, conducting the requisite enquiry and hearing the police officer concerned.
The matter has been listed before the ACJM on September 29. The court observed that allegations relating to tampering with or fraudulent inclusion of the name of a voter or a non-citizen in an electoral roll merit a reasoned consideration as to whether offences such as forgery or cheating are prima facie made out.
The Special Judge held that there was complete non-application of mind by the ACJM while passing the non-speaking order on the disclosure of any cognisable offence.
The proceedings arise from a criminal revision petition filed by advocate Vikas Tripathi, challenging the magisterial court’s refusal to order registration of an FIR and investigation into allegations concerning the inclusion of Sonia Gandhi’s name in the electoral rolls before she acquired Indian citizenship in 1983.
During the earlier proceedings, Tripathi’s counsel had argued that the electoral records prima facie indicated that Sonia Gandhi’s name had appeared in the voter list before she acquired Indian citizenship and that the circumstances warranted an investigation into alleged forgery, fabrication and fraudulent declarations.
However, Sonia Gandhi’s counsel had opposed the revision petition and argued that the allegations were politically motivated, baseless and founded on incorrect and misleading facts.
Earlier, the magisterial court had dismissed the complaint seeking registration of an FIR, holding that the judiciary could not embark upon an enquiry resulting in unwarranted transgression into fields entrusted to constitutional authorities.
The magistrate had also referred to Article 329 of the Constitution, which restricts judicial interference in electoral matters except through election petitions.
