Page No.# 1/5 vs The Union Of India And 8 Ors
2025 Latest Caselaw 2602 Gua

Gauhati High Court

Page No.# 1/5 vs The Union Of India And 8 Ors on 8 August, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                    Page No.# 1/5

GAHC010169762025




                                                             undefined

                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                        Case No. : WP(C)/4437/2025

         JAMELA KHATUN AND 4 ORS.
         W/O LATE BANU MONDAL, VILL- AOLATOLI (SIMUL BARI), P.O.-
         AOLATOLI, P.S.- LAKHIPUR, DIST- GOALPARA, ASSAM, PIN-783129

         2: OSMAN GONI
          S/O LATE BANU MONDAL
         VILL- AOLATOLI (SIMUL BARI)
          P.O.- AOLATOLI
          P.S.- LAKHIPUR
          DIST- GOALPARA
         ASSAM
          PIN-783129

         3: ROMJAN ALI
          S/O LATE BANU MONDAL
         VILL- AOLATOLI (SIMUL BARI)
          P.O.- AOLATOLI
          P.S.- LAKHIPUR
          DIST- GOALPARA
         ASSAM
          PIN-783129

         4: AYESHA KHATUN
          D/O LATE BANU MONDAL
         VILL- AOLATOLI (SIMUL BARI)
          P.O.- AOLATOLI
          P.S.- LAKHIPUR
          DIST- GOALPARA
         ASSAM
          PIN-783129

         5: SUPIA KHATUN
         W/O OSMAN GONI
         VILL- AOLATOLI (SIMUL BARI)
                                                      Page No.# 2/5

P.O.- AOLATOLI
P.S.- LAKHIPUR
DIST- GOALPARA
ASSAM
PIN-78312

VERSUS

THE UNION OF INDIA AND 8 ORS.
REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, NEW DELHI,
INDIA

2:THE STATE OF ASSAM
 REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
 HOME DEPARTMENT
 DISPUR
 GUWAHATI-6

3:THE CHIEF ELECTION COMMISSIONER OF INDIA
 NIRVACHAN BHAWAN
 NEW DELHI

4:THE STATE ELECTION COMMISSIONER OF ASSAM
 DISPUR
 GUWAHATI-6

5:THE STATE COORDINATOR
 NATIONAL REGISTRAR OF CITIZENS (NRC)
ASSAM
 GUWAHATI

6:THE FOREIGNERS REGIONAL REGISTRATION AUTHORITY (FRRA)
 GOALPARA
ASSAM

7:THE DISTRICT COMMISSIONER CUM RETURNING OFFICER
 DIST- GOALPARA
ASSAM

8:THE SUPERINTENDENT OF POLICE
 GOALPARA
ASSAM

9:THE SUPERINTENDENT OF POLICE (B)
 NAGAON
ASSA
                                                                 Page No.# 3/5

For the petitioner (s)     : Ms. A. Begum, Advocate

   For the respondent (s) : Ms. P. Baruah, 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 Ms. A. Begum, the learned counsel appearing on behalf of the petitioners. Ms. P. Baruah, the learned counsel appears on behalf of the respondent No.3; Mr. G. Sarma, the learned counsel appears on behalf of the respondent Nos.2, 4, 5, 6, 8 & 9 and Mr. G. Bokolial, the learned Government Advocate appears on behalf of the respondent No.7.

2. The case of the petitioners herein is that in the voters list of 2005, the names of the petitioners were marked with the letter "D" and thereupon the petitioner has approached the concerned respondent authorities for removal of the tag "D" in their names from the voters list. As the concerned respondent authorities had failed to do so, the petitioners are before this Court under Article 226 of the Constitution of India for an appropriate direction that Page No.# 4/5

the letter "D" tagged with the names of the petitioners 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.9 i.e., the Superintendent of Police (Border), Goalpara, Assam to verify as to whether the petitioners have already been referred to the concerned Foreigners Tribunal, and if upon verification it is found that the petitioners have not been referred to the concerned Foreigners Tribunal, this Court further directs the said respondent No.9 to refer the case of the petitioners as regards the mark "D" in the voters list in respect to 37 No. East Goalpara LAC to a competent Foreigners Tribunal, Goalpara district for an appropriate adjudication as regards the status of the petitioners 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 petitioners may participate in such Page No.# 5/5

proceedings and establish their case.

6. If the case of the petitioners 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 petitioners.

7. With the above directions and observations, the instant writ petition stands disposed of.

JUDGE

Comparing Assistant