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Name in Voter List Before Citizenship: Why Did Delhi Court Dismiss the Complaint Against Sonia? Here's the Information

By Gireesh Vasishta
Name in Voter List Before Citizenship: Why Did Delhi Court Dismiss the Complaint Against Sonia? Here's the Information

In a detailed order, Additional Chief Judicial Magistrate Vaibhav Chaurasia observed that the authority to include or remove a person from the voter list lies solely with the Election Commission of India. "Accordingly, the authority and power to determine an individual's eligibility for inclusion or removal from the voter list, along with any electoral offenses under the Representation of the People Act, 1950, the Representation of the People Act, 1951, and related rules, have been vested exclusively in the Election Commission of India," the judge stated.

Matters related to an individual's citizenship fall under the exclusive domain of the central government, the Delhi court stated on Thursday, dismissing a criminal complaint seeking to register an FIR against Congress leader Sonia Gandhi. The complaint, filed by Vikas Tripathi, alleged that Sonia Gandhi's name appeared in the New Delhi constituency's voter list as early as 1980, even though she acquired Indian citizenship only in 1983.

In a detailed order, Additional Chief Judicial Magistrate Vaibhav Chaurasia observed that the authority to include or remove a person from the voter list lies solely with the Election Commission of India. "Accordingly, the authority and power to determine an individual's eligibility for inclusion or removal from the voter list, along with any electoral offenses under the Representation of the People Act, 1950, the Representation of the People Act, 1951, and related rules, have been vested exclusively in the Election Commission of India," the judge stated.Handcuffs Backpacks Vegan Leather Casual Backpack Multipurpose Travelling Bags Daypacks For Men And Women

The court further clarified that even if an offense under the IPC or BNS is alleged, the power to include or remove a name from the voter list is limited only to the Election Commission as per the Representation of the People Act, 1950, and 1951. Proceeding to hear such cases would amount to an unnecessary encroachment on the constitutional authorities' clearly delineated powers and would violate Article 329 of the Constitution, the court noted.

The complainant, Vikas Tripathi, had attempted to invoke criminal sections related to fraud and forgery to bring the matter within the court's jurisdiction. However, the judge pointed out a clear lack of essential ingredients to prove the alleged acts. Without key details to substantiate the charges of forgery or fraud, the allegations do not legally hold up. Allowing such a case would essentially misuse the legal process to criminalize what is primarily a civil or ordinary matter, thereby creating unauthorized jurisdiction, the court ruled while dismissing the petition.