Page No.# 1/3 GAHC010294872019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/8916/2019 SAIFUL ISLAM S/O- OSMAN GONI @ OSMAN ALI @ OSMAN, R/O- VILL- KESERAPARA, P.O. RAJMITA, P.S. LAKHIPUR, DIST- GOALPARA, ASSAM VERSUS THE UNION OF INDIA AND 6 ORS. REP. BY THE SECY. TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, SASTRI BHAWAN, NEW DELHI, PIN- 110001 2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6 3:THE SUPERINTENDENT OF POLICE (B) GOALPARA P.O. GOALPARA DIST- GOALPARA ASSAM PIN- 783101 4:THE CHIEF ELECTORAL OFFICER FOR THE STATE OF ASSAM DISPUR GHY-6 5:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI Page No.# 2/3 INDIA PIN- 110001 6:THE ELECTORAL REGISTRATION OFFICER OF GOALPARA DISTRICT AT GOALPARA P.O. GOALPARA PIN- 783101 7:THE NATIONAL REGISTER OF CITIZEN REP. BY THE STATE CO-ORDINATOR ACHYUT PLAZA BHANGAGARH KAMRUP (M) ASSAM PIN- 78100 Advocate for the Petitioner : MR. M A SHEIKH, MS F INTAZ,K U AHMED Advocate for the Respondent : ASSTT.S.G.I., SC, NRC,SC, ELECTION COMMISSION.,SC, F.T BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 28.02 .2025 Heard Ms. F. Intaz, learned counsel for the petitioner. Also heard Mr. A.I. Ali, learned Standing Counsel, Election Commission of India. The learned counsel for the petitioner submits that in the voters list of 2011, 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. 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. Page No.# 3/3 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 would not have the competence to decide such a question which depends on the evidence that may be produced. In the circumstances, this Court therefore directs the respondent No.3 i.e., the Superintendent of Police (Border), Goalpara 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.3 to refer the case of the petitioner as regards the mark “D” in the voters list in respect to 39 Jaleswar Legislative Assembly Constituency to a competent Foreigners Tribunal, Goalpara district for an appropriate adjudication as regards the status of the petitioner as “D” voter in the concerned voters list. 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. 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. With the above directions and observations, the instant writ petition stands disposed of. JUDGE Comparing Assistant