Page No.# 1/3 GAHC010058692025 2025:GAU-AS:7247 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3004/2025 MD. MOHAR ALI S/O- LATE KUMAR ALI, R/O- VILL.- BASANTAPUR INCHI, P.S. PANCHARATNA, DIST. GOALPARA, ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, GENERAL ADMINISTRATION DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE DISTRICT MAGISTRATE CUM DISTRICT COMMISSIONER DIST. GOALPARA ASSAM 3:THE SUPERINTENDENT OF POLICE BORDER DIST. GOALPARA ASSAM 4:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF HOME AFFAIRS GOVERNMENT OF INDIA NEW DELHI-1. 5:THE ELECTION COMMISSION OF INDIA NEW DELHI-1. 6:THE ASSAM COORDINATOR OF NRC NATIONAL REGISTRATION OF CITIZENSHIP ASSAM BHANGAGARH GUWAHATI-781005. 7:THE OFFICER-IN-CHARGE PANCHARATNA POLICE STATION DIST. GOALPARA ASSA Page No.# 2/3 Advocate for the Petitioner : MR. R SARMA, MS DIPALI DUTTA Advocate for the Respondent : DY.S.G.I., SC, ECI,SC, NRC,SC, F.T,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 04.06.2025 Heard Mr. R. Sarma, learned counsel for the petitioner. Also heard Mr. M. Chetia, learned counsel for the respondent Nos.1 & 2; Mr. G. Sharma, learned counsel for the respondent Nos. 3, 6 & 7; Mr. D.J. Das, learned counsel for the respondent No.4 and Mr. A.I. Ali, learned counsel for the respondent No.5. 2. The case of the petitioner is that in the voters lists after 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. The petitioner’s counsel however submits that though the petitioner has stated in Para 11 of the writ petition that the petitioner was marked as a “D” voter in the voters list after the year 1997, the same has to be read as 2005 and not as 1997. 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 Page No.# 3/3 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 (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 37 No. Goalpara East LAC Part No.94 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. 6. 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. 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