Page No.# 1/4 GAHC010185112025 2025:GAU-AS:11472 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4873/2025 SAHEBA BIBI @ SAHEBA KHATUN D/O- SHAHER MONDAL, W/O- SAHER ALI, R/O- GOSSAIDUBI HINDUPARA, P.O. GAURNAGAR, P.S- LAKHIPUR, DISTRICT- GOALPARA (ASSAM), PIN- 783132 VERSUS THE UNION OF INDIA AND 4 ORS. REPRESENTED BY THE MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI-110001 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER INDIA NEW DELHI-110001 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 06 4:THE DISTRICT COMMISSIONER -CUM- ELECTION OFFICER GOALPARA ASSAM PIN-783132 5:THE SUPERINTENDENT OF POLICE (B) GOALPARA ASSAM PIN-783132 Advocate for the Petitioner : MR J ISLAM, Page No.# 2/4 Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 27-08-2025 Heard Mr. J. Islam, learned counsel for the petitioner. Also heard Mr. H. Kuli, learned counsel appearing on behalf of Mr. A. I. Ali, learned counsel for the Election Commission of India for the respondent No. 2 and Mr. R. Talukdar, learned counsel for the respondent No. 4. 2. Claiming to be wrongly marked as “D” voter in the voter-list of 2005 of village-Gossaidubi Hindupara, at Serial No. 551, under House No. 161 of 39 Jaleswar Legislative Assembly Constituency, this writ petition is filed. 3. Having considered that similar matter has been disposed of by this Court and as agreed to by the learned counsel for the parties, this writ petition is disposed of at the motion stage. 4. The petitioner claims that she was born to Shaher Mondal and Minara Begum. The name of her grandfather is late Hanif Uddin, whose name got recorded in the voter-list of 1966 under 43 No. Bongaigaon Legislative Assembly Constituency at village – (294) Char under House No. 107, Serial No. 443 of Goalpara District. The name of her father has also appeared in the voter-list of 1979 at village-(108) Dapkarvita under house No.111, Serial No.323 of 39 No. Jaleswar LAC. The name of her parents also appeared in the voter-list of 1997 at village-Dapkarvita under House No.70, Serial No. 204 and 205 respectively of 39 No. Jaleswar Legislative Assembly Constituency. 5. It is contended by the petitioner that she was born and brought up at village-Dapkarvita, Lakhipur Police Station of Goalpara District in the year 1984. Page No.# 3/4 She also passed Class-IV examination in the year 1998. The petitioner is married to one Saher Ali, son of Golap Uddin of Gossaidubi Hindupara before the registered Quazi, Goalpara and is a mother of 5 (five) children, permanently now residing after marriage at village Gossaidubi Hindupara with her husband and family. After her marriage, the name of the petitioner was listed in the voter-list of 2005 along with her husband and other family members at village Gossaidubi Hindupara under House No. 161, Serial No. 551 of 39 No. Jaleswar Constituency. However, the authority has put “D” mark in the voter-list against her name, without any reason and notice to the petitioner. 6. Mr. J. Islam, learned counsel for the petitioner submits that since the name of the petitioner is found recorded in the voter list of 2005 and marked as “D” voter, without any spot verification and providing her an opportunity of being heard to demonstrate that she is not a foreigner, the action of the respondent authority is arbitrary and illegal. 7. The learned counsel for the respondents have fairly submitted that in the present case, it appears that the petitioner has not been provided any opportunity of being heard and no due procedure of law appears to have been followed. Therefore, it would be appropriate to refer the matter to the appropriate authority for verification as to whether the petitioner is a citizen of India or not. 8. Having considered the submissions of the learned counsel for the parties and after perusing the materials available on record, it is noticed that the “D” mark has been put against the petitioner in the voter list of 2005 and subsequent lists without providing any opportunity of being heard to the petitioner. 9. In that view of the matter, I am of the considered view that it would be appropriate that the matter be referred to the appropriate authority. Page No.# 4/4 10. Accordingly, it is directed that the Superintendent of Police (Border), Goalpara, i. e. the respondent No. 5, shall verify as to whether the petitioner has already been referred to the concerned Foreigners Tribunal for adjudication and upon verification, if it is found that the petitioner has not been referred to the Foreigners Tribunal, the respondent No. 5 shall refer the case to the concerned Foreigners Tribunal after proper verification, pertaining to the status of “D” voter against her name at Serial No. 551, under House No. 161, Gossaidubi Hindupara of 39 No., Jaleswar LAC. 11. It is directed that the above exercise shall be done within a period of 2 (two) months from the date of receipt of the certified copy of this order. The petitioner is directed to participate in the adjudication as directed, hereinabove. 12. The writ petition is disposed of in terms of the above direction. JUDGE Comparing Assistant