Page No.# 1/4 GAHC010135452025 2025:GAU-AS:9136 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3894/2025 AMANUL ISLAM S/O LATE JAHURUL ISLAM, R/O BORPETA, P.S.- RUPAHI HAT, DIST- NAGAON, ASSAM VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI-1 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE DEPARTMENT OF HOME GOVT. OF ASSAM DISPUR GUWAHATI-06 3:THE DISTRICT COMMISSIONER NAGAON P.O. AND DIST- NAGAON ASSAM PIN-782001 4:THE ELECTION COMMISSION OF INDIA NEW DELHI-01 5:THE ELECTION OFFICER NAGAON P.O. AND DIST- NAGAON ASSAM PIN-782001 Page No.# 2/4 6:SUPERINTENDENT OF POLICE (BORDER) NAGAON P.O. AND DIST- NAGAON ASSAM PIN-78200 Advocate for the Petitioner : MR. A R SIKDAR, J A SIKDAR,MR. S I TALUKDAR Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, NRC,SC, ECI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 16.07.2025 Heard Mr. S.I. Talukdar, learned counsel for the petitioner. Also heard Ms. S. Doley appearing on behalf of Mr. J. Payeng, learned counsel for the respondent Nos.2 & 6; Mr. H. Kulli, appearing on behalf of Mr. A.I. Ali, learned counsel for the respondent Nos. 4 & 5. Mr. K. Gogoi, learned counsel appears for the respondent No. 1, while Mr. G. Bokalial, learned counsel appears for the respondent Nos.3. 2. The case of the petitioner is that in the voters lists of 1997 and 2024, 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. 3. 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. Page No.# 3/4 4. 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. 5. In the circumstances, this Court therefore directs the respondent No.6, i.e., the Superintendent of Police (Border), Nagaon 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.6 to refer the case of the petitioner as regards the mark “D” in the voters list of 1997 in respect to Sl. 647 of 85 No. Rupahihat LAC, Part No.70 and as regards the mark “D 786” in the voters list of 2024 in respect to 56 No. Rupahihat LAC, Part No.76, to a competent Foreigners Tribunal, Nagaon district for an appropriate adjudication as regards the status of the petitioner as “D” voter in the concerned voters lists. 6. 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. 7. 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. Page No.# 4/4 8. With the above directions and observations, the instant writ petition stands disposed of. JUDGE Comparing Assistant