Page No.# 1/4 GAHC010059442025 2025:GAU-AS:3165 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1575/2025 SABIRAN NESSA ALIAS SUBIA KHATUN D/O-LATE JULHASH ALI,W/O- CHANDMIYA, VILL- ITARVITA,P.O- BARBALA,P.S- AND DIST- BARPETA,ASSAM VERSUS THE UNION OF INDIA REP BY THE SECRETARY,MINISTRY OF HOME AFFAIRS,GOVT. OF INDIA,NEW DELHI-1 2:THE ELECTION COMMISSION OF INDIA REP. BY ITS SECRETARY NIRVACHAN BHAWAN NEW DELHI-1 3:THE STATE OF ASSAM REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-06 4:THE STATE CO ORDINATOR NATIONAL REGISTRATION OF CITIZEN ASSAM BHANGAGARH GUWAHTI-05 5:THE DISTRICT COMMISSIONER BARPETA CUM THE ELECTION OFFICER BARPETA ASSAM P/O P/S AND DIST-BARPETA ASSAM Page No.# 2/4 PIN- 781343 6:THE SUPERINTENDENT OF POLICE (BORDER) BARPETA ASSAM P.O P.S AND DIST- BARPETA ASSA Advocate for the Petitioner : MR. N I KHAN, J U AHMED,MRS. M TALUKDAR,MR E AHMED Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 21.03.2025 Heard Mr. N. Uddin, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned CGC for the respondent No.1; Mr. J. Payeng, learned standing counsel F. T. and NRC for the respondent Nos. 2, 4, 6 and 7; Mr. A. I. Ali, learned standing counsel, Election Commission for the respondent No.3 and Mr. M. Chetia, learned Govt. Advocate for the respondent No.5. 2. The grievance of the petitioner is the action of the authorities in marking ‘D’ against the name of the petitioner in the Voter List of 2005 of village Holongbari under the 41 No. Bhawanipur LAC. It is the case of the petitioner that such marking was made without any notice or intimation or even verification of any documents. The further case of the petitioner is that she is a permanent resident of Holongbari village, P.S Patacharkuchi. The petitioner further claims that she is presently residing at village Holongbari under the 41 No. Bhawanipur LAC in the District of Barpeta. Page No.# 3/4 3. The learned counsel for the petitioner accordingly prays for a direction for consideration of her case and direct the appropriate authority for removal of the ‘D’ from her name. 4. On the other hand, learned counsel for the respondents have submitted that a procedure had been laid down to adjudicate the matter where the persons are aggrieved by marking ‘D’ against their names in the voter list and the present case can also be dealt with by the same procedure. 5. Shri A. I. Ali, the learned standing counsel, ECI has placed before this Court an order dated 18.01.2022, passed by this Court in WP(C)/267/2022 by which a case of similar nature has been disposed of. By the said order, this Court had observed that the issue involved would require factual determination and the appropriate forum would be the concerned Foreigners Tribunal, as a Writ Court in exercise of its powers under Article 226 of the Constitution of India may not have adequate means and expertise to decide the question of fact which are disputed. It was further directed that the Superintendent of Police of the concerned district would verify the case of the petitioner and thereafter refer the matter to the concerned Foreigners Tribunal which will deal with the matter in accordance with law. 6. Following the aforesaid order, the present case is also disposed of by directing Superintendent of Police, Border, Barpeta (respondent No. 6) to examine and verify the case of the petitioner and if on such verification it is found that the case of the petitioner is yet to be referred to the concerned Foreigners Tribunal, to immediately refer the case to the concerned Tribunal which in turn would examine the claim of the petitioner. 7. In view of the prayer made for removal of marking ‘D’ in the voter list from Page No.# 4/4 the concerned Holongbari village under the 41 No. Bhawanipur LAC, reference, if not made till now, 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 claim before the Tribunal. 8. The writ petition accordingly stands disposed of. JUDGE Comparing Assistant