Gauhati High Court
Hasmat Ali Khan vs The Union Of India And 6 Ors on 8 August, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010168432025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4436/2025
HASMAT ALI KHAN
S/O RAHIM KHAN @ ABDUL RAHIM KHA, R/O VILL- PURBA LUWASHUR,
P.S.- PATACHARKUCHI, P.O.- MAJGAON, DIST- BAJAALI, PIN-781313
VERSUS
THE UNION OF INDIA AND 6 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY
OF HOME AFFAIRS, NEW DELHI-110001
2:THE ELECTION COMMISSION OF INDIA
REPRESENTED BY THE CHIEF ELECTION COMMISSIONER
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI-110001
3:THE STATE OF ASSAM
REPRESENTED BY ITS SECRETARY
GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-781006
4:THE STATE COORDINATOR
NATIONAL REGISTER OF CITIZENS (NRC)
ASSAM
1ST FLOOR
ACHYUT PLAZA
G.S. ROAD
BHANGAGARH
GUWAHATI-781005
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5:THE DISTRICT COMMISSIONER
BAJALI
DIST- BAJALI
ASSAM
PIN-781325
6:THE SUPERINTENDENT OF POLICE (BORDER)
BAJALI
DIST- BAJALI
ASSAM
PIN-781325
7:THE OFFICER-IN-CHARGE (BORDER)
PATACHARKUCHI POLICE STATION
BAJALI
DIST- BAJALI
ASSAM
PIN-78132
For the petitioner (s) : Mr. I. Ahmed, Advocate
For the respondent (s) : Mr. H. Kuli, SC, ECI
Mr. G. Sarma, Advocate
Mr. G. Bokolial, Govt. Advocate
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Date of Hearing : 08.08.2025
Date of Judgment : 08.08.2025
JUDGMENT AND ORDER (ORAL)
Heard Mr. I Ahmed, the learned counsel appearing on
behalf of the petitioner. Mr. H. Kuli, the learned counsel appears
on behalf of the respondent No.2; Mr. G. Sarma, the learned
counsel appears on behalf of the respondent Nos.3, 4, 6 & 7 and
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Mr. G. Bokolial, the learned Government Advocate appears on
behalf of the respondent No.5.
2. The case of the petitioner herein is in the voters list of 2014,
the name of the petitioner was marked with the letter "D" and
thereupon the petitioner has approached the concerned
respondent authorities for removal of the tag "D" in his name
from the voters lists. As the concerned respondent authorities
had failed to do so, the petitioner is before this Court under
Article 226 of the Constitution of India for an appropriate
direction that the letter "D" tagged with the name of the
petitioner in the voters list be removed.
3. Whether a person is a "D" voter or not is a matter of factual
determination and the appropriate forum to do the same is the
concerned Foreigners Tribunal. This Court in exercise of its
powers under Article 226 of the Constitution of India would not
have the competence to decide such a question which depends
on the evidence that may be produced.
4. In the circumstances, this Court therefore directs the
respondent No.6 i.e., the Superintendent of Police (Border),
Bajali to verify as to whether the petitioner has already been
referred to the concerned Foreigners Tribunal, and if upon
verification it is found that the petitioner has not been referred to
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the concerned Foreigners Tribunal, this Court further directs the
said respondent No.6 to refer the case of the petitioner as
regards the mark "D" in the voters list in respect to 41 No.
Bhabanipur LAC to a competent Foreigners Tribunal, Bajali
district for an appropriate adjudication as regards the status of
the petitioner as "D" voter in the concerned voters list.
5. Reference be made within a period of 2 (two) months from
the date of receipt of a certified copy of this order. Upon such
reference being made, the petitioner may participate in such
proceedings and establish his case.
6. If the case of the petitioner as per the records had already
been referred to the relevant Foreigners Tribunal, there would be
no requirement to make any further reference and the detailed
information of the earlier reference be communicated to the
petitioner.
7. With the above directions and observations, the instant writ
petition stands disposed of.
JUDGE
Comparing Assistant
