Page No.# 1/4 GAHC010282692019 2026:GAU-AS:11671 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/8576/2019 MUSSTT. GOLAPJAN NESSA W/O- ATAUR RAHMAN, D/O- GOLAM HUSSAIN, PRESENTLY RESIDING AT VILL- BAGHBAR, P.S. BAGHBAR, DIST- BARPETA, ASSAM, PIN- 781308 VERSUS UNION OF INDIA AND 5 ORS. REP. BY MINISTRY OF HOME AFFAIRS, NEW DELHI 2:STATE OF ASSAM REP. BY THE MINISTRY OF HOME DISPUR GHY-6 3:SUPERINTENDENT OF POLICE (B) GOALPARA 4:DY. COMMISSIONER (ELECTION) GOALPARA 5:NATIONAL REGISTRATION OF CITIZENS REP. BY ITS STATE COORDINATOR ACHYUT PLAZA BHANGAGARH GHY-5 6:ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 11000 Advocate for the Petitioner : MS F AHMED, Page No.# 2/4 Advocate for the Respondent : ASSTT.S.G.I., SC, ELECTION COMMISSION.,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 17.08.2026 (K. R. Surana, J) Heard Mr. S. K. Ghosh, learned counsel appearing on behalf of Ms. F. Ahmed, learned counsel for the petitioner. Also heard Mr. H. Das, learned CGC, Mr. A. I. Ali, learned standing counsel for the ECI, Ms. A. Verma, learned standing counsel for the FT Matters, and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned ex parte opinion dated 20.12.2017, passed by the learned Member, Foreigner’s Tribunal No.5th at Goalpara in F.T. Case No. FT(5)322/MA/15, arising out of F.T. Reference Case No. 384/10, by which the petitioner was declared to be a foreigner of post 25.03.1971 stream. 3. The ex parte opinion is assailed on the ground that the notice was not served in accordance with the procedure prescribed under the Foreigners (Tribunals) Order, 1964. 4. On perusal of the Tribunal records, which were called for, it is seen that the notice was pasted in the market area and not at the last known address of the petitioner. As per the process server’s report, the petitioner was not found in the said address and therefore, the notice was pasted in the market area. 5. The learned Standing Counsel for the FT and Border matters has opposed Page No.# 3/4 the prayer in the writ petition on the ground that when the petitioner changed her address, she did not disclose the same to the competent authorities. 6. Be that as it may, the service of notice by pasting it in the market place is found to be not in accordance with the provisions of paragraph-3(5)(f) of the Foreigners (Tribunals) Order, 1964. 7. Accordingly, the said ex parte opinion is not found sustainable. 8. Accordingly, the said ex parte opinion dated 20.12.2017, passed by the learned Member, Foreigner’s Tribunal No.5th at Goalpara in F.T. Case No. FT(5)322/MA/15, arising out of F.T. Reference Case No. 384/10 is hereby set aside. 9. The matter is remanded back to the said learned Tribunal for a fresh opinion. 10. The petitioner, who is duly represented by her learned counsel is directed to appear before the said learned Tribunal on or before 24.09.2026 and along with the certified copy of the order, also file her written statement of defence and submit all the relevant documents on which she intends to rely upon. 11. Thereafter, the learned Tribunal shall give some time to the petitioner to file her evidence and to take steps for summons of witnesses if required. The said learned Tribunal shall make an endeavour to dispose of the matter within the time prescribed under Order 3 (14) of the Foreigners (Tribunals) Order, 1964. 12. In the event, the petitioner fails to appear and file her written statement of defence, it would be open to the said learned Tribunal to treat the petitioner as absent in the proceedings and proceed with the matter in accordance with law. 13. The Registry shall send back the records expeditiously. Page No.# 4/4 14. Writ petition stands allowed to the extent as indicated above. 15. There shall be no order as to costs. JUDGE JUDGE Comparing Assistant