Gauhati High Court
Parimal Rajbongshi vs The Union Of India And 5 Ors on 21 February, 2023
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GAHC010074332021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2885/2021
PARIMAL RAJBONGSHI
S/O LATE NAREN RAJBONGSHI, R/O VILL. RAKSHASINI PT-I, (JUNGLE
BLOCK), P.S. MORNOI, DIST. GOALPARA, ASSAM.
VERSUS
THE UNION OF INDIA AND 5 ORS
REPRESENTED BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF
HOME AFFAIRS, NEW DELHI 110001
2:THE ELECTION COMMISSIONER OF INDIA
REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA
NIRVACHAN BHABAN
ASHOKA ROAD
NEW DELHI.
3:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM
HOME DEPTT.
DISPUR
GUWAHATI 781006
4:THE DIRECTOR GENERAL OF POLICE (ADMN)
ASSAM
ULUBARI
GUWAHATI 781007
5:THE DEPUTY COMMISSIONER
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GOALPARA
ASSAM.
6:THE SUPERINTENDENT OF POLICE (BORDER)
GOALPARA
P.O. AND P.S. GOALPARA
DIST. GOALPARA
ASSAM
Advocate for the Petitioner : MR H DAS
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE ROBIN PHUKAN
JUDGMENT
21.02.2023
Heard Mr. B.C. Deka, learned counsel for the petitioner; Ms. L. Devi, learned counsel
for the respondent no. 1; Mr. A.I. Ali, learned counsel for the respondent no. 2; Mr. G. Sarma,
learned counsel for the respondent nos. 3, 4 and 6; and Ms. K. Phukan, learned counsel for
the respondent no. 5.
2. The petitioner, Parimal Rajbongshi had been referred to the Foreigners Tribunal No.
4, Goalpara for rendering an opinion of the Memo no. GLP/B/F.T./2010/6008 dated
28.10.2010 of Superintendent of Police [B] Goalpara, as to whether he is a person who
entered the State of Assam from the specified territory between the years 1966-1971. Before
the tribunal, the petitioner relied upon the Voters' List of 1959 of village Santoshpur, P.S. Uttar
Salmara of Goalpara district which contains the name of Ramesh Chandra Das son of Late
Ruhi Das at serial no. 509 and that of Bela Sundari wife of Ramesh at serial no. 510 both
bearing house no. 154. The petitioner also relied upon the Voters' List of 1971 of village
Paschim Moinbori, P.S. Baghbor district Kamrup which contains the name of Naren Rajbonshi
son of Ramesh at serial no. 682. The petitioner thereafter relied upon the Voters' List of 1997
of village No. 53 Rakhoshijhar Part 1 under Goalpara district which contains the name of
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Naren Rajbongshi son of Ramesh Rajbongshi at serial no. 851 and that of Parimal Rajbongshi
son of Naren Rajbongshi at serial no. 853. The petitioner claims that Ramesh Chandra Das of
Voters' List of 1959 of village Santoshpur is the grandfather and Naren Rajbongshi of Voters'
List of 1971 of village Paschim Moinbori is the father of the petitioner and the name of the
petitioner Parimal Rajbongshi appears along with Naren Rajbongshi in the Voters' List of 1997
of village No. 53 Rakhoshijhar Part 1.
3. The three villages corresponding to the three Voters' Lists of 1959, 1971 and 1997
are clearly in respect of different villages from different districts and no material is available
before the court to establish any link between the persons appearing in the three different
Voters' Lists. In fact the Voter List of 1959 pertains to Ramesh Chandra Das whereas the
Voters' List of 1997 is in respect of Ramesh Rajbongshi for which no material is available that
the two persons are one and the same.
4. In the aforesaid circumstance, the Foreigners Tribunal No. 4, Goalpara in FT Case
No. 464/2010 had rendered its opinion dated 02.03.2021 that the petitioner is a person who
entered the State of Assam from the specified territory subsequent to 25.03.1971. We are
otherwise not on the merit of the materials relied upon by the petitioner before the tribunal
as well as before this court, but we notice that the reference against the petitioner was for an
opinion as to whether he is a person who entered the State of Assam from the specified
territory between the years 1966-1971 or whether he had entered the State of Assam
subsequent to 25.03.1971. The said infirmity leads to a conclusion that the tribunal had
exceeded its jurisdiction in rendering its opinion in the reference made against the petitioner.
5. Accordingly, the opinion dated 02.03.2021 declaring the petitioner to be a person
who entered after the date of 25.03.1971 from the specified territory is set aside. However as
no materials are produced before the court or before the tribunal by the petitioner that he is
not a person who entered the State of Assam between the years 1966-1971, we accordingly
answer the reference made against the petitioner by accepting that he is a person who
entered the State of Assam between the years 1966-1971.
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6. Accordingly the petitioner is required to register himself before the Foreigner
Regional Registration Officer, Goalpara as a person who entered the State of Assam between
the years 1966-1971 and upon such registration, the provisions of law in respect of such
category people will be applicable to the petitioner, meaning thereby that for a period of ten
years from the date of registration he would be devoid of his voting rights but after ten years
all such rights of the petitioner would be restored back to him.
7. Accordingly the writ petition stands disposed of as indicated above.
8. Send back the LCR.
JUDGE JUDGE
Comparing Assistant
