MATLEB ALI @ MATLEB ALI FAKIR v. THE UNION OF INDIA AND 5 ORS.
WP(C)/5463/2025 · 2025-09-25
Devashis Baruah
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 18988 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18988 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010202592025
2025:GAU-AS:13525
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5463/2025 MATLEB ALI @ MATLEB ALI FAKIR SON OF LATE IMAN ALI @ IMAN ALI FAKIR, RESIDENT OF VILLAGE- KOTPARA, P.O.- CHITHILA, P.S.- FAKIRAGRAM, DISTRICT-- KOKRAJHAR (BTAD), ASSAM. PIN NO.- 783345 VERSUS THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI, PIN NO.- 110001 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER NEW DELHI PIN NO.- 110001 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF HOME DISPUR GUWAHATI- 6. PIN NO.- 781006 4:THE STATE COORDINATOR OF NATIONAL REGISTER OF CITIZENS (NRC) GOVT. OF ASSAM DISPUR GUWAHATI PIN NO.- 781006. 5:THE DISTRICT COMMISSIONER KOKRAJHAR P.S. AND DISTRICT- KOKRAJHAR (BTAD)
Page No.# 2/3 ASSAM. PIN NO. 783370 6:THE SUPERINTENDENT OF POLICE (BORDER) KOKRAJHAR P.S. AND DISTRICT- KOKRAJHAR (BTAD) ASSAM. PIN NO. 78337 For the Petitioner(s) : Mr. S. Islam, Advocate
For the Respondent(s) : Ms. P. Baruah, SC, ECI : Mr. G. Sarma, Standing Counsel
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 26.09.2025
Heard Mr. S. Islam, the learned counsel appearing on behalf the Petitioner and Ms. P. Baruah, the learned Standing counsel appearing on behalf of the Election Commission of India. I have also heard Mr. G. Sarma, the learned Standing counsel for the Respondent Nos. 3, 4 and 6. 2. The Petitioner herein is aggrieved by the letter “D” attached to his name in the voter list of 29 No. Kokrajhar West (S.T.) LAC since 2011. 3. This Court had passed a detailed order on 17.09.2025 seeking instruction(s) as to why the Petitioner’s name continues to remain in the voter list with D tagged against his name. In pursuance thereto, an instruction has been placed before this Court dated 25.09.2025 issued by the Senior Superintendent of Police (B), Kokrajhar wherein it has been mentioned that reference has already been forwarded to the Foreigners’ Tribunal, Kokrajhar against the Petitioner to determine whether he had entered into India from Bangladesh on or after 25.03.1971 and since
Page No.# 3/3 then residing illegally in India or not. The said instruction is kept on record and marked with the letter “X”. 4.
Taking into account that the reference has already been forwarded to the Foreigners’ Tribunal, Kokrajhar, the relief(s) which have been sought for by the Petitioner in the instant proceedings cannot be granted. The Petitioner would be well advised to approach the Foreigners’ Tribunal, Kokrajhar and participate in the said proceedings. 5. Accordingly, the instant writ petition stands closed on the basis of the above mentioned instructions. JUDGE Comparing Assistant