Page No.# 1/4 GAHC010202412025 2025:GAU-AS:12855-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5477/2025 SANTANA DEY W/O DILIP CHANDRA DEY, R/O VILL- WARD NO. 2, KHERONI BASTI, P.O. AND P.S.- RANGAPARA, PIN-784505, DIST- SONITPUR, ASSAM VERSUS THE UNION OF INDIA AND 6 ORS. THROUGH THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF POLITICAL 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 GOVERNMENT OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI-781006 4:THE CHIEF ELECTION OFFICER ASSAM HOUSEFED COMPLEX BELTOLA ROAD GUWAHATI-781006 5:THE ELECTION OFFICER SONITPUR TEZPUR DIST- SONITPUR ASSAM PIN-784001 6:THE DISTRICT COMMISSIONER SONITPUR Page No.# 2/4 P.O.- TEZPUR DIST- SONITPUR ASSAM PIN-784001 7:THE SUPERINTENDENT OF POLICE (BORDER) SONITPUR P.O.-TEZPUR DIST- SONITPUR ASSAM PIN-78400 Advocate for the Petitioner : MR. S C BISWAS, MR. P S BISWAS Advocate for the Respondent : DY.S.G.I., SC, NRC,SC, F.T,SC, ECI,GA, ASSAM BEFORE HON’BLE MR. JUSTICE KALYAN RAI SURANA HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 17.09.2025 (Rajesh Mazumdar, J.) Heard Shri FA Hassan, learned counsel for the petitioner. Also heard Mr G Sharma, learned Standing Counsel, FT & Home and Political Department; Ms. K Phukan, learned CGC; Shri G Sarma, learned Standing Counsel, NRC; Shri P Sharma, learned Addl. Sr. Government Advocate, Assam and Ms. N Bedi, learned counsel appearing on instructions of Ms. P Baruah, learned Standing Counsel, ECI. 2. Considering the subject matter involved and as agreed to by the learned counsel for the parties, the present petition, instituted under Article 226 of the Constitution of India, is taken up for disposal at the motion stage itself. 3. The grievance is against an opinion/order dated 03.04.2025 passed by the Page No.# 3/4 learned Member, Foreigners’ Tribunal 7th, Tezpur, at Balipara in FT (IMDT) 661/2016, arising out of Reference No. TZP. (B)/2005/2731, dated 24.06.05, by which the petitioner has been declared as a foreigner/illegal migrant of the post 25.03.1971 stream. 4. The primary ground of challenge is that the aforesaid impugned opinion/order dated 03.04.2025 was passed ex parte and the petitioner was not served with notice of the proceeding at all. 5. Shri Hassan, learned counsel for the petitioner has submitted that the learned Tribunal had drawn a presumption that the petitioner was absconding and avoiding the trial whereas, as per the petitioner, she was available at all points of time in the address mentioned and only because of the fact that the notice was not served that she was not in a position to appear before the learned Tribunal. 6. Mr G Sharma, learned Standing Counsel, FT & Home and Political by drawing the attention of this Court to the impugned opinion/order has submitted that there is a finding to the effect that the Process Server had made several attempts to serve the notice and also made an enquiry in the locality regarding the information about the proceedee which was not given to him. The Process Server himself was examined before the impugned opinion/order was passed and therefore, the approach of the learned Tribunal to proceed ex parte is in accordance with law. 7. Ms. K Phukan, learned CGC; Shri G Sarma, learned Standing Counsel, NRC; Shri P Sharma, learned State Counsel and Ms. N Bedi, learned counsel Page No.# 4/4 appearing for the ECI have endorsed the submissions of Mr G Sharma, learned Standing Counsel. 8. After hearing the learned counsel for the parties, we are of the view that instead of going into the dispute as regards the aspect of receipt of notice by the petitioner, interest of justice would be served if the petitioner is allowed to contest the proceeding in accordance with law. 9. In view of the above, the impugned opinion/order dated 03.04.2025, passed by the learned Member, Foreigners’ Tribunal 7th, Tezpur, at Balipara in FT (IMDT) 661/2016, arising out of Reference No. TZP. (B)/2005/2731, dated 24.06.05, is set aside and the petitioner is directed to appear before the learned Tribunal within a period of 2 (two) weeks from today. 10. It is clarified that the present interference is only on the aspect of notice and has not dealt with the inter se merits of the parties. It is also made clear that there would be no requirement to serve further notice to the petitioner in view of the fact that the present order has been passed in a challenge made by the petitioner. 11. To remove further difficulties, we direct the petitioner to appear before the learned Tribunal on or before 23.10.2025 from which date, the learned Tribunal will take charge of the proceedings. 12. The writ petition accordingly stands disposed of. JUDGE JUDGE Comparing Assistant