Gauhati High Court
Page No.# 1/4 vs The Union Of India And 4 Ors on 22 September, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010188682025
2025:GAU-AS:13122
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5559/2025
HALIMA NESSA @ HALIMAN BEGUM @ HALIMAN BEWA
W/O LATE JAMAL, D/O LATE SABED ALI, R/O VILL- SHAPUR, P.O.-
SORBHOG, DIST- BARPETA, ASSAM, PIN-781317
VERSUS
THE UNION OF INDIA AND 4 ORS.
REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS,
GOVERNMENT OF INDIA, SHASTRI BHAWAN, NEW DELHI-110001
2:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI
PIN-781006
3:THE ELECTION COMMISSION OF INDIA
REPRESENTED BY THE CHIEF ELECTION COMMISSION
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI-110001
4:THE DISTRICT COMMISSIONER
BARPETA
P.O. AND P.S.- BARPETA
DIST- BARPETA
ASSAM
PIN-781301
5:THE SUPERINTENDENT OF POLICE (BORDER)
BARPETA
Page No.# 2/4
P.O. AND P.S.- BARPETA
DIST- BARPETA
ASSAM
PIN-78130
For the petitioner (s) : Ms. D. Ghosh, Advocate
For the respondent (s) : Mr. J. Payeng, Advocate
Mr. A. I. Ali, SC, ECI
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Date of Hearing : 22.09.2025
Date of Judgment : 22.09.2025
JUDGMENT AND ORDER (ORAL)
Heard Ms. D. Ghosh, the learned counsel appearing on
behalf of the petitioner. Mr. J. Payeng, the learned counsel
appears on behalf of the respondent Nos.2 & 5 and Mr. A. I. Ali,
the learned counsel appears on behalf of the respondent No.3
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
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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.5 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.5 to refer the case of the petitioner as
regards the mark "D" in the voters list in respect to 40 No.
Sorbhog LAC, Barpeta to a competent Foreigners Tribunal,
Barpeta 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
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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
