Page No.# 1/6 GAHC010216702025 2025:GAU-AS:13502-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5782/2025 MUNTI BEGUM W/O SOHIDUR ROHMAN, D/O AKBOR ALI, R/O VILL- GOMARUGURI NO. 1, NEAR FOREST BLOCK, P.O. GOMARIGURI, P.S. MERAPANI, DISTRICT GOLAGHAT, ASSAM-785705 VERSUS THE UNION OF INDIA AND 6 ORS. REPRESENTED BY THE HOME SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI-110001 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT ASSAM SECRETARIAT DISPUR GUWAHATI-781006 ASSAM 3:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS ASSAM 1ST FLOOR ACHYUT PLAZA GUWAHATI-SHILLONG ROAD BHANGAGARH GUWAHATI-781005 ASSAM 4:THE ELECTION COMMISSION OF INDIA Page No.# 2/6 REPRESENTED BY THE CHIEF ELECTION COMMISSIONER NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001 5:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (BORDER) ASSAM ASSAM POLICE BORDER ORGANISATION SRIMANTAPUR GUWAHATI-781032 6:THE DISTRICT COMMISSIONER GOLAGHAT DISTRICT P.O. P.S AND DISTRICT- GOLAGHAT-785621 ASSAM 7:THE SUPERINTENDENT OF POLICE (BORDER) GOLAGHAT ASSAM POLICE BORDER ORGANISATION P.O. P.S AND DISTRICT- GOLAGHAT-785621 ASSAM Advocate for the Petitioner : MR S R A NASER, S K SARFRAJ KARIM,MR S AHMED Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, NRC,SC, ECI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 26.09.2025 (K.R. Surana, J) Heard Mr. S.R.A. Naser, learned counsel for the petitioner. Also heard Mr. M. Adhikari, learned CGC; Mr. H. Kuli, learned counsel on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; Mr. G. Sharma, learned standing counsel for the FT matters and NRC; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for respondent. 2. By filing this writ petition under Article 226 of the Constitution of Page No.# 3/6 India, the petitioner has assailed the impugned ex parte opinion dated 25.01.2024, passed by the learned Member, Foreigners’ Tribunal, Jorhat, Assam, in Case No. FTG(D) 295/2010, arising out of Police Enquiry No. 443/2007, thereby accepting the notice to be duly served on the petitioner as per Section 3 (5) (g) of the Foreigners’ (Tribunals) Order, 1964 and the petitioner was declared to be a foreigner of post 25.03.1971 stream. 3. In course of hearing, the learned standing counsel for the FT matters has opposed the prayer of the petitioner for interference with the impugned opinion on the ground that the petitioner had left her residence without informing the Government Official and therefore, notice was served in a manner as provided under paragraph no. 2 of the impugned opinion. 4. In view of the serious objection by the learned standing counsel for the FT matters, the Court is inclined to quote paragraph no. 2 of the impugned ex parte opinion dated 25.01.2024, by which notice was accepted to be duly served. Accordingly, this ‘D’ voter case was registered under the provision of Foreigners’ Act 1946 and issued notice to the proceedee was previously the resident of village: Merapani Forest Village but she left the place of abode for unknown destination without informing the Govt. official and therefore the notice is served by hanging on the wall of the Gaon Panchayat Office in presence of the local Gaon Pradhan of Merapani Forest Village and the notice was duly served as per Sec. 3(5)(g) of the F(T) Order, 1964. A certificate from the local Gaon Pradhan of Merapani Forest Village has also enclosed alongwith the report in this regards. The suspects has failed to appear before the Tribunal inspite of giving several opportunities to her and therefore the case is made exparte against the proceedee and heard exparte argument from Sri. D. Gogoi, P.S.I. for the State. 5. It is observed that time and again the Court has been issuing directions in many cases that notice has to be served as provided under Forigners’ (Tribunals) Order, 1964, yet, it is notice that in the impugned opinion, Page No.# 4/6 the learned Tribunal has not considered the provision of Order 3 (5) prevailing how the processes are to be served. Therefore, iti s deemed appropriate that the provisions of Order 3 (5) Foreigners’ (Tribunals) Order, 1964 be quoted below:- (5)(a) The notice shall be served at the address where the proceedee last resided or reportedly resides or works for gain, and in case of change of place of residence, which has been duly intimated in writing to the investigating agency by the alleged person, it shall be served at such changed address by the Foreigners Tribunal; (b) if the proceedee is not found at the address at the time of service of notice, the notice may be served on any adult member of the family of the proceedee and it shall be deemed to be served on the proceedee; (c) where the notice is served on the adult member of the family of the proceedee, the process server shall obtain the signature or thumb-impression of the adult member on the duplicate of the notice as a token of proof of the service; (d) if the adult member of the family of the proceedee refuses to put a signature or the thumb-impression, as the case may be, the process server shall report the same to the Foreigners Tribunal; (e) if the proceedee or an available adult member of his or her family refuses to accept the notice, the process server shall give a report to the Foreigners Tribunal in that regard along with the name and address of a person of the locality, who was present at the time of making such an effort to get the notices served, provided such person is available and willing to be a witness to such service and the process server shall obtain the signature or thumb impression of such witness, if he or she is present and willing to sign or put his or her thumb-impression, as the case may be; (f) if the proceedee has changed the place of residence or place of work, without intimation to the investigating agency, the process server shall affix a copy of the notice on the outer door or some other conspicuous part of the house in which the proceedee ordinarily resides or last resided or reportedly resided or personally worked for gain or carries on business, and shall return the original to the Foreigners Tribunal from which it was issued with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did do, and the name and address of the person (if any) by whom the house was identified and in whose presence the copy was affixed; (g) where the proceedee or any adult member of his or her family or her is not found at the residence, a copy of the notice shall be pasted in a conspicuous place of his or Page No.# 5/6 her residence, witnessed by one respectable person of the locality, subject to his or her availability and willingness to be a witness in that regard and the process server shall obtain the signature or the thumb-impression of that person in the manner in which such service is affected; (h) where the proceedee resides outside the jurisdiction of the Foreigners Tribunal, the notice shall be sent for service to the officer in-charge of the police station within whose jurisdiction the proceedee resides or last resided or is last known to have resided or worked for gain and the process server shall then cause the service of notice in the manner as provided hereinabove; (i) if no person is available or willing to be the witness of service of notice or refuses to put his or her signature or thumb-impression the process server shall file a signed certificate or verification to that effect, which shall be sufficient proof of such non- availability, unwillingness and refusal; (j) on receipt of the signed certificate or verification referred to in clause (i) the Foreigners Tribunal shall return such reference with such directions as it thinks fit to the competent authority for tracing out the proceedee and produce before the said Tribunal. 6. From the provisions of Order 3 (5) (g) quoted above, the requirement is that the notice has to pasted in a conspicuous place of the residence of the proceedee. However, the said ingredient is absent in the paragraph no. 2 of the opinion dated 25.01.2024. 7. Resultantly, as the learned Member, Foreigners’ Tribunal, Jorhat has accepted the service of notice in total disregard to the provisions of Order 3 (5) (g) of the Foreigners’ (Tribunal) Order, 1964, the Court does not find any reason to even call for the records to examine as to whether the impugned rendered by the learned Tribunal in accordance with the law. The observations made by the learned Tribunal in paragraph no. 2 of the impugned opinion is sufficient to hold that the ex parte proceedings against the petitioner is not sustainable on facts and law. 8. As the Court has been passing repetitive orders regarding manner in which notices are to be served, Court is inclined to provide that the Home and Page No.# 6/6 Political (B) Department, Govt. of Assam on receipt of copy of this order shall circulate a copy of this order to all the Foreigners Tribunals functioning in the State so that the provisions regarding service of notice as provided under the Foreigners’ (Tribunals) Order, 1964 is henceforth, scrupulously followed. 9. Resultantly, the impugned ex parte opinion dated 25.01.2024, is not found sustainable and the same is set aside. 10. As the petitioner has appeared through her learned counsel, the petitioner is directed to appear before the learned Member, Foreigners’ Tribunal, Jorhat on 31.10.2025 without any further requirement of service notice for appearance. On the date of appearance, the petitioner shall produce a certified copy of the order as well written statement of defence along with all documents that she intends to rely upon. 11. On appearance, the learned Tribunal shall provide an opportunity to the petitioner for file her evidence and produce witnesses and thereafter, an attempt shall be made to dispose of the proceedings within a period of 4 (four) months from the date of appearance of the petitioner. 12. It is provided that if the petitioner does not appear within the time allowed it will be permissible for the learned Tribunal to treat the petitioner as absent on call and pass an opinion in accordance with law. 13. Accordingly, the writ petition is disposed of. JUDGE JUDGE Comparing Assistant