Page No.# 1/4 GAHC010142312025 2025:GAU-AS:8744 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3719/2025 AZIBOR RAHMAN S/O LATE SHAJALI MONDAL @ SAJALI MONDAL @ SHAHAJ ALI MONDAL R/O VILL- SALBARI, P.O. GOURNAGAR, P.S. LAKHIPUR, DIST. GOALPARA, ASSAM PIN-783132. VERSUS THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DLEHI-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-6. 4:THE STATE 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-783101 Advocate for the Petitioner : MR. M ALI, MR J. E. SARKAR Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, NRC,GA, ASSAM,SC, ECI BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 27-06-2025 Heard Mr. M Ali, learned counsel for the petitioner. Also heard Mr. M Pathak, learned counsel for the respondent Nos. 3 & 6; Mr. M Kalita, learned counsel appearing on behalf of Ms. P Barua, learned counsel for the respondent No. 2; Mr. M Chetia, learned counsel for the respondent No. 5 as well as Mr. G Sharma, learned counsel for the respondent No. 4. 2. The case of the petitioner is that in the voters list of 2011, 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 Page No.# 3/4 appropriate direction that the letter “D” tagged with the name of the petitioner in the voters list be removed. 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), Goalpara 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 2011 in respect to 39 No. Jaleswar LAC vide Sl. No. 549, House No. 401 of village Salbari, District-Goalpara 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. 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 his 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 Page No.# 4/4 communicated to the petitioner. 8. With the above directions and observations, the instant writ petition stands disposed of. JUDGE Comparing Assistant