Page No.# 1/4 GAHC010241462025 2025:GAU-AS:15056 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6276/2025 ANOWARA KHATUN D/O LATE EYAKUB ALI, W/O KASHEM ALI, R/O VILL. SIDHABARI, P.S. MATIA, DIST. GOALPARA, ASSAM. VERSUS THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI- 1 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY ITS SECRETARY NIRVACHAN BHAWAN NEW DELHI-1 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-06 4:THE DISTRICT COMMISSIONER GOALPARA CUM THE ELECTION OFFICER GOALPARA P.O. P.S. AND DIST- GOALPARA ASSAM PIN-783101 5:THE SUPERINTENDENT OF POLICE (BORDER) GOALPARA Page No.# 2/4 P.O. P.S. AND DIST- GOALPARA ASSAM PIN-78310 Advocate for the petitioner(s): Mr. S Hoque Advocate for the respondent(s): Mr. AI Ali Standing Counsel, Election Commission of India Mr. J Payeng, Standing Counsel, NRC Mr. K Gogoi, CGC B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 07.11.2025 Heard Mr. S Hoque, the learned counsel appearing on behalf of the petitioner. Also heard Mr. K Gogoi, the learned CGC, who appears on behalf of the respondent Nos.1, Mr. J Payeng, the learned Standing Counsel NRC, who appears on behalf of the respondent Nos.2 and 4 and Mr. AI Ali, learned Standing Counsel, Election Commission of India, who appears on behalf of the respondent Nos.3 & 5. 2. The case of the petitioner is that in the voters list of 2005, 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 Page No.# 3/4 her name from the voters list. 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 would not have the competence 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) 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.5 to refer the case of the petitioner as regards the mark “D” in the voters list in respect to 37 No. Goalpara East LAC, District Goalpara to a competent Foreigners Tribunal, in the Goalpara 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 her 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