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2025 DAILYLAW 25149 (GAU)

ABDUL MAZID ALIAS ABDUL MOJIT v. THE UNION OF INDIA, AND OTHRS

WP(C)/6744/2025 · 2025-11-30

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010248052025 2025:GAU-AS:16356 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6744/2025 ABDUL MAZID ALIAS ABDUL MOJIT S/O- LT. ABED ALIR/O- VILL- DONGARPARP.O.- MOIRABARIP.S.- MOIRABARIDIST- MORIGAON, ASSAMPIN-782126 2: RAHIMA KHATUN W/O-ABDUL MAZIDR/O- VILL- DONGARPARP.O.- MOIRABARIP.S.- MOIRABARIDIST- MORIGAON ASSAMPIN-78212 VERSUS THE UNION OF INDIA, AND OTHRS REPRESENTED BY THE SECRETARY TOTHE MINISTRY OF HOME AFFAIRS,GOVERNMENT OF INDIA, SHASTRIBHAWAN,NEW DELHI-110001 2:THE STATE OF ASSAM REPRESENTEDBY THE COMMISSIONER ANDSECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF HOME DISPURGUWAHATI-6 3:THE SUPERINTENDENT OF POLICE BARPETA B DISTRICT- BARPETA ASSAM P.O.- BARPETA HEADOFFICE PIN-781301 4:THE CHIEF ELECTORAL OFFICER FOR THESTATE OF ASSAM DISPUR GUWAHATI6 5:THE ELECTION COMMISSION OF INDIA Page No.# 2/4 REPRESENTED BY THE CHIEF ELECTIONCOMMISSIONER NIRVACHAN SADAN ASHOKA ROAD NEW DELHI INDIA PIN-110001 6:THE ELECTORAL REGISTRATION OFFICER OF BARPETA P.O. BARPETA HEADOFFICE PIN-781314 7:THE NATIONAL REGISTRAR OF CITIZEN REPRESENTED BY THE STATE COORDINATOR ASHYUT PLAZABHANGAGARH KAMRUP M ASSA For the Petitioner(s) : Mr. S.A. Wasi, Advocate For the Respondent(s) : Mr. G. Sarma, Standing Counsel Ms. S. Katakey, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 01.12.2025 Heard Mr. S.A. Wasi, the learned counsel appearing on behalf of the petitioner. Mr. G. Sarma, the learned Standing Counsel appears on behalf of the respondent Nos. 2, 3, and 7 and Ms. S. Katakey, the learned Standing Counsel appears on behalf of the Election Commission of India. 2. The petitioners herein have approached this Court seeking Page No.# 3/4 directions upon the respondent No. 6 to remove the alphabet “D” from the voters’ list. 3. The case of the petitioners herein is that they had been marked with the letter “D” in the voters’ list of year 1991. 4. It is the opinion of this Court that the said stand of the petitioners is on the face of it incorrect, taking into account that the aspect pertaining to marking a voter as a “D” (doubtful voter) arose in the year 1997. 5. Apart from that, Ms. S. Katakey, the learned Standing Counsel appearing on behalf of the Election Commission of India has placed before this Court an instruction dated 17.11.2025 wherein it is seen that against both the petitioners there were Foreigners Tribunal cases and both the petitioners have been declared as foreigners. It is relevant to take note of that in respect to the petitioner No. 1, the relevant case number is FT(D) Case No. 571/2016 and the opinion was rendered on 29.05.2017. In respect to the petitioner No. 2, the relevant case No. is FT(D) Case No. 572/2016 and the opinion was rendered on 25.07.2017. The said instruction is kept on record and marked with the letter “X”. 6. A copy of the said instruction which is kept on record and marked with the letter “X” has also been provided to the learned Page No.# 4/4 counsel appearing on behalf of the petitioner. 7. Taking into account the above, the instant writ petition not only lacks merit, but also does not appear to be bona fide, for which, the instant writ petition stands dismissed. JUDGE Comparing Assistant