Page No.# 1/4 GAHC010237642024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6024/2024 SULEMAN NESSA @ SOLEMAN NESSA W/O- LATE KUJRAT ALI, (D/O- SOMED ALI @ CHAMED ALI), R/O- VILL.-KAYEMARI, P.S.- SALBARI, DISTRICT- BAKSA (BTR), ASSAM. PIN- 781318. VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, TILOK MARG, NEW DELHI-1. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM POLITICAL AND HOME DEPARTMENT DISPUR GUWAHATI-06. 3:THE DEPUTY COMMISSIONER BAKSA (BTR) P.O. AND DIST.- BAKSA ASSAM. 4:THE ELECTION OFFICER BAKSA (BTR) Page No.# 2/4 P.O. AND DISTRICT- BAKSA ASSAM. 5:THE SUPERINTENDENT OF POLICE (BORDER) BAKSA (BTR) P.O. AND DISTRICT- BAKSA ASSAM. 6:THE STATE COORDINATOR OF NRC ASSAM HOUSEFED COMPLEX 2ND FLOOR BANPHOOL NAGAR DISPUR GUWAHATI-6 Advocate for the Petitioner : MR. A R SIKDAR, MR. O FARUK,MR. S I TALUKDAR Advocate for the Respondent : DY.S.G.I., SC, ECI,SC, F.T,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 14.02 .2025 Heard Mr. A. R. Sikdar, learned counsel for the petitioner. Also heard Ms. U. Das, learned Government Advocate for the State and Ms. N. Bedi appearing on behalf of Ms. P. Baruah, learned Standing Counsel ECI. 2. 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 his name from the voters list. Page No.# 3/4 3. 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 with the name of the petitioner in the voters list be removed. 4. 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 may not proceed to decide such a question which depends on the evidence that may be produced. 5. In the circumstances, this Court therefore directs the respondent No.5, i.e., the Superintendent of Police (Border), Baksa 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 of 1997 in respect to Sl. No.1097, Sorbhog LAC No.40, Village- Kayemari under Mouza- Gobardhana, District- Barpeta to the competent Foreigners Tribunal, Baksa district for an appropriate adjudication as regards the status of the petitioner as “D” voter in the concerned voters list. 6. 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 his case. Page No.# 4/4 7. 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. 8. With the above directions and observations, the instant writ petition stands disposed of. JUDGE Comparing Assistant