Gauhati High Court
Dewan Akbar Ali vs The Union Of India And 6 Ors on 8 September, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
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GAHC010198892025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5213/2025
DEWAN AKBAR ALI
S/O LT ABDUL RASHID DEWAN, R/O VILL- HALDHIA PATHAR, P.O.-
GHUGUBARI, P.S.- KALGASIA, DIST- BARPETA, ASSAM, PIN-781319
VERSUS
THE UNION OF INDIA AND 6 ORS.
REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME
AFFAIRS, GOVERNMENT OF INDIA, SHASTRI BHAWAN, NEW DELHI-
110001
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
DEPARTMENT OF HOME
DISPUR
GUWAHATI-6
3:THE SUPERINTENDENT OF POLICE(B)
BARPETA
DIST- BARPETA
ASSAM
P.O.- BARPETA HEAD OFFICE
PIN-781301
4:THE CHIEF ELECTORAL OFFICER FOR THE STATE OF ASSAM
DISPUR
GUWAHATI-06
5:THE ELECTION COMMISSION OF INDIA
REPRESENTED BY THE CHIEF ELECTION COMMISSIONER
NIRVACHAN SADAN
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ASHOKA ROAD
NEW DELHI
INDIA
PIN-110001
6:THE ELECTORAL REGISTRATION OFFICER OF BARPETA
P.O.- BARPETA HEAD OFFICE
PIN-781314
7:THE NATIONAL REGISTER OF CITIZEN
REPRESENTED BY THE STATE CO-ORDINATOR
ACHYUT PLAZA
BHANGAGARH
KAMRUP (M)
ASSAM
PIN-78100
For the petitioner (s) : Mr. S. A. Wasi, Advocate
For the respondent (s) : Mr. K. Gogoi, CGC
Ms. L. Bagchie, Advocate
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Date of Hearing : 08.09.2025
Date of Judgment : 08.09.2025
JUDGMENT AND ORDER (ORAL)
Heard Mr. S. A. Wasi, the learned counsel appearing on
behalf of the petitioner. Mr. K. Gogoi, the learned counsel
appears on behalf of the respondent No.1 and Ms. L. Bagchie,
the learned counsel appears on behalf of the respondent Nos.4 &
5.
2. The case of the petitioner herein is that in the voters list of
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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 his 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.3 i.e., the Superintendent of Police (Border),
Barpeta, 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 directs the
said respondent No.3 to refer the case of the petitioner as
regards the mark "D" in the voters list in respect to No.44 Jania
LAC to a competent Foreigners Tribunal, Barpeta district for an
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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
