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Sonia Gandhi's Voter List Controversy Reopened by Revision Petition

A dismissed complaint against Sonia Gandhi concerning her alleged improper inclusion in the 1980-81 voter list has been challenged through a revision petition. Scheduled for a hearing on December 9, this case could reopen discussions on a matter previously deemed legally untenable by the court. The ruling highlighted jurisdictional issues, asserting that citizenship matters fall under the central government's authority, while voter list decisions are managed by the Election Commission. This development raises questions about the legal processes involved and the implications for political accountability in India.
 

Challenge to Dismissed Complaint Against Sonia Gandhi

A complaint that was dismissed by a magistrate court in September, which accused Sonia Gandhi, the president of the Congress parliamentary party, of being improperly included in the 1980-81 voter list, has now been contested by the complainant. The individual has filed a revision petition before a sessions judge, with a hearing scheduled for December 9, potentially reopening a case that was previously dismissed.


 


In its September ruling, the Rouse Avenue court determined that the criminal complaint against the former Congress president was legally untenable, factually baseless, and beyond its jurisdiction. Additional Chief Judicial Magistrate (ACJM) Vaibhav Chaurasia stated that the informant attempted to invoke jurisdiction that was not legally applicable.


 


The judge noted that the petition was entirely based on unverified copies of the 1980 voter lists and characterized it as an abuse of legal process by presenting a civil or ordinary dispute under the guise of criminality. The order emphasized, "Only unfounded claims, without the necessary details to attract the legal elements of fraud or forgery, cannot constitute a legally sustainable accusation."


 


Regarding jurisdiction, ACJM Chaurasia stressed that matters of citizenship fall entirely under the purview of the central government as per Article 11 of the Constitution and the Citizenship Act of 1955. In contrast, decisions regarding voter lists under the Representation of the People Act of 1950 and 1951 are solely the responsibility of the Election Commission of India. The court asserted that any decision by a criminal court in such cases would constitute an "unconstitutional encroachment" into reserved constitutional areas and violate Article 329.