Page No.# 1/4 GAHC010041392026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1252/2026 MERINA BEGUM ALIAS MUSSTT MARINA BEGUM W/O AJIJUR RAHMAN, D/OTABIJUR RAHMAN R/O-VILLAGE- NEGHERIBEEL MUSLIM GAON P.O. P.S- MERAPANI, DISTRICT-GOLAGHAT, ASSAM, PIN-785705. VERSUS THE UNION OF INDIA AND OTHRS REPRESENTED BY THE MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI-110001. 2:THE ELECTION COMMISSION OF INDIA NEW DELHI--110001. 3:THE STATE OF ASSAM REPRESENTED BY THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-06. 4:THE ASSAM STATE CO ORDINATOR OF NRC BHANGAGARH GUWAHATI-05 5:THE DISTRICT COMMISSIONER GOLAGHAT DISTRICT-GOLAGHAT ASSAM PIN-785621. 6:THE SUPERINTENDENT OF POLICE (B) Page No.# 2/4 GOLAGHAT DISTRICT-GOLAGHAT ASSAM PIN785621 Advocate for the Petitioner : MR. S A AHMED, MS. K DAS,MR. F A AHMED Advocate for the Respondent : DY.S.G.I., SC, NRC,GA, ASSAM,SC, ECI,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 06-03-2026 (K.R. Surana, J) Heard Mr. S.A. Ahmed, learned counsel for the petitioner as well as Mr. G. Sarma, learned standing counsel for the Foreigners Tribunal and NRC, Ms. S. Katakey, learned standing counsel for the Election Commission of India, Mr. S. Kakati, learned CGC, and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned opinion dated 24.01.2024, passed by the learned Member, Foreigners Tribunal, Jorhat, Assam, in Case No. FTG(D) 330/2010 corresponding to Police Enquiry No.478/2007, by which the petitioner was declared as an illegal migrant of post 25.03.1971 stream. 3. The learned counsel for the petitioner has submitted that it would be evident from paragraph-2 of the ex parte opinion dated 24.01.2024 that the notice was served by hanging on the wall of the Gaon Panchayat office. Accordingly, it is submitted that the notice was not served in accordance with the Order 3(5)(g) of the Foreigners (Tribunals) Orders, 1964. Page No.# 3/4 4. Per contra, the learned standing counsel for the FT and Border matters has submitted that there is no infirmity in the acceptance of the process on the ground that the petitioner had left the place of residence without informing any government official. Accordingly, as the petitioner could not be located, the notice was duly served in the office of the Gaon Panchayat. 5. The Court is inclined to take notice of the fact that hanging of a notice merely on the wall of the Gaon Panchayat office is not the manner prescribed under Order 3(5)(g) and/or Order 3(5)(f) of the Foreigners (Tribunal) Orders, 1964. 6. Accordingly, the Court is inclined to hold that the manner of service of notice on the petitioner, having not been made in accordance with any of the provisions under Order 3(5) of the Foreigners (Tribunal) Order, 1964, the manner of service of notice is found to have vitiated the ex parte opinion. Accordingly the Court has no hesitation to set aside the impugned ex parte opinion dated 24.01.2024, passed by the learned Member, Foreigners Tribunal, Jorhat, Assam, in Case No. FTG(D) 330/2010 corresponding to Police Enquiry No.478/2007. 7. The petitioner, who is duly represented before this Court through the learned counsel is directed to appear before the learned Member, Foreigners Tribunal, Jorhat positively on or before 08.04.2026 and by producing a certified copy of the order shall also file her written statement. 8. The learned Tribunal shall make an endeavor to comply with the said proceedings in as far as practicable in light of the provisions of Order 3(14) of the Foreigners (Tribunal) Order, 1964. 9. The writ petition stands allowed at the motion stage without issuance Page No.# 4/4 of notice on the respondents. JUDGE JUDGE Comparing Assistant