Page No.# 1/4 GAHC010042652025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1213/2025 BAHAR ALI S/O- LATE HAZRAT ALI, R/O- VILL- DAMRI BHASHA, P.O,- KATARIHARA, P.S.- LAKHIPUR, DIST,- GOALPARA, ASSAM VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY TO THE GOVT, OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN TLLOK MARG, NEW DELHI. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY GOVT. OF ASSAM POLITICAL AND HOME DEPTT. DISPUR GHY.-6. 3:THE DISTRICT COMMISSIONER GOALPARA P.S. AND DIST.-GOALPARA ASSAM PIN-783101 4:THE ELECTON OFFICER GOALPARA P.S. AND DIST.-GOALPARA ASSAM PIN-783 10 1 5:THE SUPERINTENDENT OF POLICE (BORDER) GOALPARA P.S. AND DIST.-GOALPARA ASSAM Page No.# 2/4 PIN-783 10 1 6:THE STATE CO ORDINATOR OF NRC ASSAM HOUSEFED COMPLEX 2ND FLOOR BANPHOOL NAGAR DISPUR GUWAHATI-6 Advocate for the Petitioner : MR. S I TALUKDAR, MR. A R SIKDAR Advocate for the Respondent : DY.S.G.I., SC, F.T,GA, ASSAM,SC, ECI,SC, NRC BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 05.03 . 2025 Heard Mr. A.R. Sikdar, learned counsel for the petitioner and Mr. A.I. Ali, learned standing counsel, ECI for respondent No. 4, Mr. J. Payeng, learned counsel for the respondent Nos. 2, 5 and 6 and Mr. S. R. Baruah, learned counsel for the respondent No. 3. Also heard Mr. R.K. Choudhury, learned DSGI, for the respondent No. 1. Having considered the nature of the grievance raised in this proceedings and as agreed to by the learned counsel for the parties, this writ petition is disposed of at the motion stage itself. Being aggrieved by the action of the respondent authorities in making “D” in the voter list of the petitioner, the instant writ petition has been filed by the petitioner praying for withdrawal of “D” mark against his name in the electoral roll and for initiation of proceeding to determine the status by issuing fresh notice under the relevant provisions of law. Alternatively, the petitioner has prayed for a direction to refer the case of the petitioner to the Foreigners’ Page No.# 3/4 Tribunal at Goalpara after scrutinizing his documents and hearing the parties. It is contended by the petitioner that the grandfather of the petitioner has been recorded in NRC details and his father was a voter of the voter list of 1970, 1997 and 2005 of Village Dhamri Bhasha in the district of Goalpara. It is contended that the name of the petitioner has been enrolled and recorded in the voter list of 2005 alongwith his parents and other brothers, but in the voter list of 2019 his name has been marked as “D” Voter against his name at SL. No.172, House No. 22 under 39 Joleswar LAC in the District of Goalpara. It is also contended that the “D” mark has been put without any verification and the LVO and ERO never visited the house of the petitioner and no documents were asked from the petitioner. Mr. A.R. Skikdar, learned counsel for the petitioner submits that since the name of the petitioner is found recorded in the voter list of 2005, making “D” in the voter list of 2019 without any spot verification and providing him the opportunity of being heard to demonstrate that he is not a foreigner, is not sustainable. The learned counsel for the respondents have fairly submitted that in the present case it appears that the petitioner has not been provided any opportunity of being heard and no due procure of law has been followed. Therefore, it would be appropriate to refer the matter to the appropriate authority for verification as to whether the petitioner is a citizen of India or not. Having considered the submissions of the learned counsel for the parties and after perusing the materials available on record it is noticed that the “D” mark has been put against the petitioner in the voter list of 2019 without providing any opportunity to the petitioner. In that view of the matter, I am of Page No.# 4/4 the view that it would be appropriate to direct that the matter be referred to the appropriate authority. Accordingly, it is directed that the Superintendent of Police (Border), Goalpara, i. e. the respondent No. 5, shall verify as to whether the petitioner has already been referred to concerned Foreigners Tribunal for adjudication and upon verification, if it is found that the petitioner has not been referred to the Foreigners Tribunal, the respondent No. 5 shall refer the case to the concerned Foreigners Tribunal after proper verification pertains to the status of “D” Voter against his name at SL. No.172, House No. 22 under 39 Joleswar LAC in the District of Goalpara. It is directed that the above exercised shall be done within a period of two months from the date of receipt of the certified copy of this order. The petitioner is directed to participate in the adjudication as directed hereinabove. The writ petition is disposed of in terms of the above direction. JUDGE Comparing Assistant