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2025 DAILYLAW 21779 (GAU)

JAHAN UDDIN v. THE UNION OF INDIA AND 6 ORS.

WP(C)/8289/2018 · 2025-04-22

N Unni Krishnan Nair

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010266072018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/8289/2018 JAHAN UDDIN S/O. LT. NIZAM ALI @ NIZAM SHEIKH, VILL. KADAMTOLA PART-II, P.S. BILASIPARA, DIST. DHUBRI, ASSAM-783348. VERSUS THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY OF THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, TILAK MARG, NEW DELHI-01. 2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GUWAHATI-781006. 3:THE DY. COMMISSIONER DHUBRI P.O. DHUBRI DIST. DHUBRI ASSAM-783301. 4:THE SUPDT. OF POLICE (B) DHUBRI P.O. DHUBRI DIST. DHUBRI ASSAM-783301. 5:THE ELECTION COMMISSION OF INDIA Page No.# 2/3 THROUGH ITS SECRETARY NIRBACHAN BHAVAN NEW DELHI-01. 6:THE STATE CO-ORDINATOR NATIONAL REGISTRAR OF CITIZENS (NRC) ASSAM BANGAGARTH GUWAHATI-05. 7:THE DISTRICT ELECTION OFFICER DHUBRI P.O. DHUBRI DIST. DHUBRI ASSAM-783301 Advocate for the Petitioner : MR K BHUYAN, MR. N ISLAM Advocate for the Respondent : ASSTT.S.G.I., SC, NRC,SC, ECI,SC, F.T BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 23.04.2025 Heard Mr. K. Bhuyan, learned counsel for the petitioner. Also heard Mr. J. Payenging, learned standing counsel, Foreigners Tribunal, appearing for the respondents No. 2, 4 and 6. Also heard Mr. A. Ali, learned standing counsel Election Commission of India, appearing for the respondent No. 5. The present writ petition has been instituted by the petitioner praying for a direction upon the respondents to remove the “D” shown against his name in the voters list of 2018 and thereafter. The petitioner had earlier approached this Court by way of instituting a writ petition being WP(C) No. 381/2016 and a Division Bench of this Court vide order dated 30.01.2018, had interfered with the order dated 02.11.2015, passed by the Foreigners Tribunal 6th, Dhubri in FT Case No. Page No.# 3/3 20/2015, declaring the petitioner to be a foreigner, who had illegally entered into India (Assam) from Bangladesh after 25.03.1971. When the matter was taken up today, Mr. A. Ali, learned standing counsel, Election Commission of India, has on instructions submitted that ‘D’ tag, incorporated, in the voters list against the name of the petitioner has since been removed and in the present voters list of 2025, a copy of which is placed on record, the same does not reflect the petitioner to be a “D” Voter. In view of the above position, the grievance raised by the petitioner in the present writ petition stands redressed and accordingly, no further order called to be passed herein. Accordingly, the present writ petition stands disposed, basing the submissions made by Mr. A. Ali, learned standing counsel, Election Commission of India. A copy of the voters list of 2025, as produced by Mr. A. Ali, learned standing counsel, has kept on record and marked as ‘X’. JUDGE Comparing Assistant