Page No.# 1/4 GAHC010252242025 2025:GAU-AS:16648 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6801/2025 DEWAN EUSUF ALI S/O- LT. ABDUL RASHID DEWAN, R/O- VILL- HALDHIA PATHAR, P.O.- GHUGUBARI, P.S. KALGASIA, DIST.- BARPETA, ASSAM, PIN- 781319 VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, SHASTRI BHAWAN, NEW DELHI- 110001 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF HOME DISPUR GUWAHATI-6 3:THE SUPERINTENDENT OF POLICE BARPETA (B) DISTRICT- BARPETA ASSAM P.O.- BARPETA HEAD OFFICE PIN- 781301 4:THE CHIEF ELECTORAL OFFICER FOR THE STATE OF ASSAM DISPUR GUWAHATI-6 5:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER NIRVACHAN SADAN ASHOKA ROAD Page No.# 2/4 NEW DELHI INDIA PIN- 110001 6:THE ELECTORAL REGISTRATION OFFICER OF BARPETA P.O. BARPETA HEAD OFFICE PIN- 781314 7:THE NATIONAL REGISTRAR OF CITIZEN REPRESENTED BY THE STATE CO-ORDINATOR ASHYUT PLAZA BHANGAGARH KAMRUP (M) ASSAM PIN- 78100 For the Petitioner(s) : Mr. M.A. Sheikh, Advocate For the Respondent(s) : Mr. A. Ali, Standing Counsel Mr. G. Sarma, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 03.12.2025 Heard Mr. M.A. Sheikh, the learned counsel appearing on behalf of the petitioner. Mr. A. Ali, the learned Standing Counsel appears on behalf of the ECI and Mr. G. Sarma, the learned Standing Counsel appears on behalf of the NRC. 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 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 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.3 i.e., the Superintendent of Police (B), Barpeta 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 No. 44 Jania LAC to a competent Foreigners Tribunal, Barpeta District for an appropriate adjudication as regards the status of the petitioner as “D” voter in the concerned voters list. Page No.# 4/4 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. 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 observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant