Page No.# 1/3 GAHC010180982025 2025:GAU-AS:14189 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5984/2025 NIVA RANI PAUL ALIAS NABA DURGA ROY W/O LT RATHI PAUL D/O LT SURENDRA CHANDRA ROY R/O ANANDAPATH BISHNUPUR PO GOPINATH NAGAR GHY 16 PS BHARALUMUKH DIST KAMRUP METRO ASSAM VERSUS THE UNION OF INDIA AND ORS THROUGH THE SECRETARY TO THE GOVT OF INDIA MINISTRY OF POLITICLA AND HOME AFFAIRS SHASTRI BHAWAN TILAK MARG NEW DELHI 2:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI 110001 3:THE STATE OF ASSAM THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASAM HOME AND POLITICAL DEPTT DISPUR GUWHATI 6 4:THE CHIEF ELECTION OFFICER ASSAM HOUSEFED COMPLEX BELTOLA ROAD GUWAHATI 6 5:THE DISTRICT COMMISSIONER KAMRUP METRO HENGRABARI GUWAHATI 6 6:THE ELECTORAL REGISTRATION OFFICER KMARUP METRO GUWAHATI 6 7:THE ELECTION OFFICER KAMRUP METRO Page No.# 2/3 GUWAHATI 6 8:THE SUPERINTENDENT OF POLICE BORDER KAMRUP METRO SRIMANTAPUR GUWHATI For the Petitioner(s) : Mr. S. C. Biswas, Advocate For the Respondent(s) : Ms. P. Baruah, SC, ECI BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 24.10.2025 Heard Mr. S. C. Biswas, the learned counsel appearing on behalf of the Petitioner and Ms. P. Baruah, the learned Standing counsel appearing on behalf of the Respondent No.2. 2. The case of the petitioner 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 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. 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 Page No.# 3/3 decide such a question which depends on the evidence that may be produced. 5. In the circumstances, this Court therefore directs the DCP (Border), Kamrup (M) 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 DCP (Border), Kamrup (M) to refer the case of the petitioner as regards the mark “D” in the voters list in respect to 54 No. Guwahati West LAC to a competent Foreigners Tribunal, Kamrup (M) 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 communicated to the petitioner. 8. With the above observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant