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Gauhati High Court
Page No.# 1/4 vs The Union Of India And 5 Ors on 5 December, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010255692025
2025:GAU-AS:16842
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6851/2025
KOSIRON NESSA
W/O MUZAFOR ALI
D/OLATE OSIMUDDIN SHEIKH
VILL- KALYANPUR
P.S. BAGUAN
DIST. GOALPARA, ASSAM
VERSUS
THE UNION OF INDIA AND 5 ORS
REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS,
GOVT.OF INDIA, NEW DELHI-1.
2:THE ELECTION COMMISSION OF INDIA
REPRESENTED BY ITS SECRETARY
NIRVACHAN BHAWAN
NEW DELHI-1.
3:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-06.
4:THE COORDINATOR OF NRC
ASSAM
BHANGAGARH
GUWAHATI-05.
Page No.# 2/4
5:THE DISTRICT COMMISSIONER CUM DISTRICT ELECTION OFFICER
GOALPARA
ASSAM
PIN-783101
6:THE SUPERINTENDENT OF POLICE (B)
GOALPARA
ASSAM
PIN-78310
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
For the petitioner (s) : Mr. J. Uddin, Advocate
For the respondent (s) : Ms. S. Kataky, SC, ECI
Ms. U. Das, Addl. Sr. Govt. Advocate
Date on which judgment is reserved : NA
Date of pronouncement of judgment : 05.12.2025
Whether the pronouncement is of the
Operative part of the judgment? : NA
Whether the full judgment has been
Pronounced? : Yes
JUDGMENT AND ORDER (ORAL)
Heard Mr. J. Uddin, the learned counsel appearing on
behalf of the petitioner. Ms. S. Kataky, the learned counsel
appears on behalf of the respondent No.2 and Ms. U. Das, the
learned Additional Senior Government Advocate appears on
Page No.# 3/4
behalf of the respondent Nos.3 to 6.
2. The case of the petitioner herein is that in the voters list of
1997, 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 her name
from the voters list. 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),
Goalpara, Assam 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 the concerned Foreigners Tribunal, this Court further
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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
38 No. Goalpara West LAC to a competent Foreigners Tribunal,
Goalpara 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 her 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
