A Delhi sessions court on Monday set aside a magistrate’s order that had refused to direct registration of an FIR against Congress leader Sonia Gandhi over allegations that her name was included in an electoral roll before she became an Indian citizen.

Judge Visha Gogne set aside the September 2025 order and directed the magistrate to hear the complaint afresh. The magistrate has also been asked to pass a reasoned order after hearing complainant Vikas Tripathi and the Delhi Police.

The sessions court said the earlier order did not properly examine whether the allegations disclosed a cognisable offence. It also noted that the magistrate had not followed certain provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), including calling for a police status report.

The court observed that electoral rolls are important to a parliamentary democracy and said allegations involving the fraudulent inclusion of a non-citizen’s name or false declarations require proper consideration and a reasoned order.

Tripathi had filed a complaint seeking an FIR against Gandhi. His complaint was dismissed on September 11, 2025, by Additional Chief Judicial Magistrate Vaibhav Chaurasiya. He then challenged the order before the sessions court.

Tripathi alleges that Gandhi’s name was included in the electoral roll of the New Delhi constituency in 1980, even though she became an Indian citizen only in April 1983. He further claims that her name was removed from the electoral roll in 1982 and included again in 1983.

Gandhi has denied the allegations and described the complaint as “wholly misconceived, frivolous, politically motivated, and an abuse of the process of law.”

In her response, Gandhi argued that the complaint was based on assumptions, media reports and alleged documents that had not been produced before the court. She also said Tripathi had not provided copies of any alleged voter-registration applications, citizenship documents or forged records to support his claims.

The sessions court has not ordered registration of an FIR against Gandhi. It has only directed the magistrate to reconsider Tripathi’s complaint and pass a fresh order after hearing the parties and the police.