Page No.# 1/4 GAHC010195322023 2025:GAU-AS:16 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5158/2023 SMTI. USHA BARMAN W/O MANIK BARMAN, R/O BARPETA ROAD, WARD NO. 8, BARMAN PARA, P.O.-BARPETA ROAD, DIST-BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE DEPUTY COMMISSIONER BARPETA P.O. AND P.S.-BARPETA DIST- BARPETA ASSAM 3:THE SUPERINTENDENT OF POLICE BARPETA P.O. AND P.S.-BARPETA DIST-BARPETA ASSAM 4:THE STATE ELECTION COMMISSION ASSAM DISPUR GUWAHATI-781006 5:THE ELECTION OFFICER BARPETA P.O. AND P.S.-BARPETA DIST-BARPETA ASSAM Page No.# 2/4 6:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA NEW DELHI-110001 For the Petitioner(s) : None appears For the Respondent(s) : Mr. K. Gogoi, Government Advocate : Mr. G. Sarma, Government Advocate : Mr. H. Kuli, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 03.01.2025 None appears on behalf of the Petitioner on call. 2. I have heard Mr. G. Sarma, the learned Government Advocate appearing on behalf of the Respondent Nos. 1 and 3; Mr. K. Gogoi, the learned Government Advocate appearing on behalf of the Respondent Nos. 2 and 5 and Mr. H. Kuli, the learned Standing counsel appearing on behalf of the Respondent No.6. 3. 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 her name from the voters list. 4. 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 against the name of the Petitioner in the voters list be removed. Page No.# 3/4 5. 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. 6. Mr. K. Gogoi, the learned Government Advocate for the State Respondents has placed before this Court an instruction issued by the Superintendent of Police (B), Barpeta to the effect that there is no reference found against the Petitioner. It has also been mentioned that during intensive revision of the Electoral Rolls, the Electoral Registration Officer, 40 Sorbhog LAC marked “D” in the voter list of the year 1997 of village W/No.8, Barpeta Road, Barmanpara (Part No.92, House No.159 & Sl. No.723) under Gobardhana Mouza against the Petitioner. The said instruction so produced by Mr. K. Gogoi, the learned Government Advocate is kept on record and marked with the letter “X”. 7. Taking into account that the Petitioner’s name has been marked as D-voter, this Court directs the Respondent No.3, i.e. the Superintendent of Police, Barpeta to refer the name of the Petitioner to the concerned Foreigners Tribunal for an appropriate adjudication as regards the status of the Petitioner as a D-voter in the concerned voter list. 8. 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 her case. Page No.# 4/4 9. 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. 10. With the above directions and observations, the instant writ petition stands disposed of. JUDGE Comparing Assistant