Page No.# 1/4 GAHC010164952025 2025:GAU-AS:10217 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4339/2025 SAHERA KHATUN W/O ABDUS SAMAD, VILL- HASDOBA, P.O.- HASDOBA, P.S.- LAKHIPUR, DIST- GOALPARA, ASSAM, PIN-783129 VERSUS THE UNION OF INDIA AND 6 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 GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 3:THE ELECTION COMMISSION OF INDIA NEW DELHI-1 4:THE STATE COORDINATOR OF NRC ASSAM DISPUR GUWAHATI-6 5:THE DISTRICT COMMISSIONER GOALPARA DIST- GOALPARA ASSAM PIN-783121 6:THE SUPERINTENDENT OF POLICE (B) Page No.# 2/4 GOALPARA DIST- GOALPARA ASSAM PIN-783121 7:THE OFFICER-IN-CHARGE LAKHIPUR POLICE STATION DIST- GOALPARA ASSAM PIN-78312 For the Petitioner(s) : Mr. N. Uddin, Advocate For the Respondent(s) : Mr. M. Chetia, Government Advocate : Mr. G. Sarma, SC, NRC : Mr. K. Gogoi, CGC BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 04.08.2025 Heard Mr. N. Uddin, the learned counsel appearing on behalf of the petitioner and Mr. K Gogoi, the learned CGC appearing on behalf of respondent Nos.1 and 3. I have also heard Mr. M. Chetia, the learned Government Advocate appearing on behalf of the respondent Nos.2, 5, 6 & 7; Mr. G. Sarma, the learned Standing counsel appears on behalf of the respondent No.4. 2. The case of the petitioner is that in the voters list of 2005, 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 Page No.# 3/4 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. 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 (B), 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 in respect to 39 No. Jaleswar LAC 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 Page No.# 4/4 requirement to make any further reference and the detailed information of the earlier reference be communicated to the petitioner. 8. With the above observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant