Page No.# 1/3 GAHC010205572019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6340/2019 MALEKA KHATUN D/O- JABED ALI, W/O- SADAGAR ALI, VILL- BAGHMARA CHAR, P.S. ALOPATI CHAR, DIST- BARPETA, ASSAM, PIN- 781308 VERSUS THE UNION OF INDIA AND 5 ORS. REP. BY THE MINISTRY OF HOME AFFAIRS GOVT. OF INDIA, NEW DELHI- 110001 2:THE ELECTION COMMISSIONER OF INDIA GOVT. OF INDIA NEW DELHI- 110001 3:THE STATE OF ASSAM REP. BY COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6 4:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) BHANGAGARH GHY-5 5:THE DY. COMMISSIONER BARPETA DIST- BARPETA ASSAM PIN- 781301 6:THE SUPERINTENDENT OF POLICE (B) Page No.# 2/3 BARPETA DIST- BARPETA ASSAM PIN- 78130 Advocate for the Petitioner : MR H R A CHOUDHURY, MR. H ALI Advocate for the Respondent : ASSTT.S.G.I., SC, ELECTION COMMISSION.,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 09.06.2026 (S.K. Medhi, J) The instant application has been filed under Article 226 of the Constitution of India challenging an opinion dated 17.12.2018 passed by the learned Member, Foreigners Tribunal 6th at Barpeta in F.T. Case No. 37/2016 arising out of IM(D)T Case No. 8011/98 whereby the petitioner has been declared a foreigner. Heard Ms. A. Das, learned counsel appearing on behalf of Shri A. Chaliha, learned counsel for the petitioner. Also heard Ms. A. Verma, learned Standing Counsel, F.T., Shri N. Kalita, learned counsel appearing on behalf of Shri A.I. Ali, learned Standing Counsel, ECI and Shri P. Sarma, learned GA, Assam. Ms. Das, the learned counsel for the petitioner has however submitted on instructions that the petitioner has passed away. It is a settled position of law that declaration of a member of a family as a foreigner per se would cannot be the sole reason for declaring the other members of the family without a reference. Page No.# 3/3 In that view of the matter, the present adjudication process has been rendered mere academic and therefore the same is closed. JUDGE JUDGE Comparing Assistant