Page No.# 1/4 GAHC010016112026 2026:GAU-AS:2060 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/736/2026 JAHUR UDDIN S/O- LATE SORHAB ALI R/O- VILL. RAIPUR, P.O.- BALABHITA DISTRICT -BARPETA, ASSAM PIN-781313 VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY ITS SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASHRI BHAWAN, TILOK MARGE, NEW DELHI 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI-781006 3:THE CHIEF ELECTORAL OFFICER GOVERNMENT OF ASSAM DISPUR GUWAHATI-06 4:THE DISTRICT COMMISSIONER BARPETA P.O. AND DISTRICT- BARPETA ASSAM PIN-781301 Page No.# 2/4 5:THE SUPERINTENDENT OF POLICE(B) BARPETA P.O. AND DISTRICT- BARPETA ASSAM PIN-781315 6:THE ELECTORAL REGISTER OFFICER BARPETA PO AND DISTRICT- BARPETA ASSAM PIN-781301 7:THE ELECTION COMMISSIONER OF INDIA NIRBACHAN BHAWAN NEW DELHI- Advocate for the Petitioner : MR. S Ali, MR K DAS,MD S HUSSAIN Advocate for the Respondent : GA, ASSAM, DY.S.G.I.,SC, ECI BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 13-02-2026 Heard Mr. K. Das, learned counsel for the petitioner. Also heard Ms. S. Kataki, learned counsel for the respondent Nos. 3, 6 and 7; Mr. J. Payeng, learned counsel for the respondent Nos.2 and 5 and Mr. S. R. Baruah, learned counsel for the respondent No.4. [2.] Having regard to the nature of controversy involved in the instant writ petition, the writ petition is taken up for disposal at the motion stage itself. [3.] The case of the petitioner is that he has been marked as ‘D’ Voter in the voter list of 2005 without giving him any opportunity of hearing. The petitioner Page No.# 3/4 falls under the Sorbhog 40 LAC. The learned counsel for the petitioner submits that the limited prayer of the petitioner at this stage is for a direction to the Electoral Registration Officer, Barpeta to consider and dispose of the representation filed by him on 09.12.2025 (Annexure-11). The learned counsel appearing for the opposite party on the other hand submits that similar writ petitions have been disposed of by this Court by directing the Superintendant of Police, Border concerned to verify as to whether such person marked as ‘D’ Voter have been referred to the Foreigners Tribunal for consideration and therefore the present case as well may be referred to the authority concerned since the same is to be determined by the concerned Foreigners Tribunal. [4.] Considering the submissions made, this Court therefore directs the respondent No.5 i.e., Superintendant of Police, Border, Barpeta 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 concerned Foreigners Tribunal, the respondent No.5 shall refer the case of the petitioner as regards the mark ‘D’ in the voter list in respect of 40 number Sorbhor LAC to the competent Foreigners Tribunal for an appropriate adjudication as regards the status of the petitioner as ‘D’ Voter in the concerned voter list. [5.] Reference be made within a period of 2(two) months from receipt of a certified copy of this order. Upon such reference being made, the petitioner may participate in such proceedings and establish his case. 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. Page No.# 4/4 [6.] With the above observations and directions, the writ petition stands disposed of. [7.] It is also provided herein that any decision taken by the respondent No.5 be communicated to the petitioner. JUDGE Comparing Assistant