Page No.# 1/4 GAHC010188682025 2025:GAU-AS:13122 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5559/2025 HALIMA NESSA @ HALIMAN BEGUM @ HALIMAN BEWA W/O LATE JAMAL, D/O LATE SABED ALI, R/O VILL- SHAPUR, P.O.- SORBHOG, DIST- BARPETA, ASSAM, PIN-781317 VERSUS THE UNION OF INDIA AND 4 ORS. REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, SHASTRI BHAWAN, NEW DELHI-110001 2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI PIN-781006 3:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSION NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001 4:THE DISTRICT COMMISSIONER BARPETA P.O. AND P.S.- BARPETA DIST- BARPETA ASSAM PIN-781301 5:THE SUPERINTENDENT OF POLICE (BORDER) BARPETA Page No.# 2/4 P.O. AND P.S.- BARPETA DIST- BARPETA ASSAM PIN-78130 For the petitioner (s) : Ms. D. Ghosh, Advocate For the respondent (s) : Mr. J. Payeng, Advocate Mr. A. I. Ali, SC, ECI BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH Date of Hearing : 22.09.2025 Date of Judgment : 22.09.2025 JUDGMENT AND ORDER (ORAL) Heard Ms. D. Ghosh, the learned counsel appearing on behalf of the petitioner. Mr. J. Payeng, the learned counsel appears on behalf of the respondent Nos.2 & 5 and Mr. A. I. Ali, the learned counsel appears on behalf of the respondent No.3 2. The case of the petitioner herein 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 her name from the voters list. 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 Page No.# 3/4 the letter “D” tagged with the name of the petitioner in the voters list be removed. 3. 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. 4. In the circumstances, this Court therefore directs the respondent No.5 i.e., the Superintendent of Police (Border), Barpeta, Assam 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.5 to refer the case of the petitioner as regards the mark “D” in the voters list in respect to 40 No. Sorbhog LAC, Barpeta to a competent Foreigners Tribunal, Barpeta district for an appropriate adjudication as regards the status of the petitioner as “D” voter in the concerned voters list. 5. 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 Page No.# 4/4 proceedings and establish her case. 6. 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. 7. With the above directions and observations, the instant writ petition stands disposed of. JUDGE Comparing Assistant