Page No.# 1/4 GAHC010047772026 2026:GAU-AS:3595 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1430/2026 SHAJAHAN ALI @ SAHAJAHAN ALI S/O- JOYDAR ALI, R/O- VILLAGE- TARANGAPUR, P.O.- TULSIBARI, P.S. LAKHIPUR, DIST.- GOALPARA, ASSAM, PIN- 783132 VERSUS THE UNION OF INDIA AND 9 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI, 110001 2:THE ELCTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER NEW DELLHI 110001 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 4:THE ASSAM STATE ELECTION COMMISSION REPRESENTED BY THE ASSAM STATE ELECTION COMMISSIONER DISPUR GUWAHATI-6 5:THE DISTRICT COMMISSIONER GOALPARA PO AND PS- GOALPARA ASSAM PIN- 783101 Page No.# 2/4 6:THE DISTRICT COMMISSIONER KAMRUP METRO LICHUBAGAN HENGRABARI GUWAHATI ASSAM PIN- 781036 7:THE DISTRICT ELECTION OFFICER GOALPARA PO AND PS- GOALPARA DIST.- GOALPARA ASSAM PIN- 783101 8:THE DISTRICT ELECTION OFFICER KAMRUP METRO LICHUBAGAN HENGRABARI GUWAHATI ASSAM PIN- 781036 9:THE DEPUTY COMMISSIONER OF POLICE (B) KAMRUP METRO PANBAZAR ASSAM GUWAHATI-01 10:THE SUPERINTENDENT OF POLICE (B) GOALPARA ASSAM PO AND PS- GOALPARA ASSAM PIN- 78310 Advocate for the Petitioner : MR. J AHMED, MS J YESMIN,MR Z RAHMAN Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM,SC, F.T,SC, NRC Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 11.03.2026 Heard Mr. J. Ahmed, learned counsel for the petitioner; Ms. S. Kataki, learned Standing Counsel, Election Commission of India for the respondent no. 2; Mr. G. Sharma, learned Standing Counsel, Home & FT Matters for the respondent nos. 3, 9 & 10; and Ms. U. Das, learned Additional Senior Government Advocate for the respondent nos. 5 & 6. 2. The petitioner has projected that he is a permanent resident of Village – Tarangapur, P.O. – Tulsibari, P.S. – Lakhipur, District – Goalpara by birth and the said area falls within the territorial limits of 39 no. Jaleswar Legislative Assembly Constituency [LAC]. 3. The petitioner has canvassed that his name was enrolled in the Electoral Roll of 2005 for the first time along with his parents. The petitioner continued to exercise his right to vote till 2010. But, in the year 2011, ‘D’ Voter mark has been made against the petitioner and since then, the ‘D’ voter mark has been continued till date. On enquiry, the petitioner came to learn that a Police Case no. 106/2010 was registered against him on the allegation that the petitioner was an illegal migrant. The respondent no. 9 by an Office Letter under Memo no. DCP [B]/183/2021/3597-99 dated 20.11.2021 to the respondent no. 8 informed that the case, that is, Police Case no. 106/2010 against the petitioner was dropped on 17.11.2021 after re- enquiry. It was opined therein that the petitioner was not an illegal migrant. 4. Thereafter, the petitioner had approached the respondent authorities to remove the ‘D’ voter mark made against his name in the electoral roll. With the projection that the respondent authorities have failed to do the needful, the petitioner is before this Court by this writ petition preferred under Article 226 of the Constitution of India for an appropriate direction that the ‘D’ Voter tagged with the name of the petitioner in the Voter List be removed. 5. 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 Page No.# 4/4 of its powers under Article 226 of the Constitution of India would not embark on a factfinding exercise to decide such a question which depends on the evidence that may be produced. 6. In the circumstances, this Court therefore directs the respondent nos. 9 & 10 i.e. Deputy Commissioner of Police [B], Kamrup [Metro] and The Superintendent of Police [B], Goalpara respectively 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 respondent nos. 9 & 10 to refer the case of the petitioner as regards the mark ‘D’ in the Voters List in respect to 39 no. Jaleswar LAC to a competent Foreigners Tribunal, Goalpara district or Kamrup [Metro] district, as the case may be, for an appropriate adjudication as regards the status of the petitioner as ‘D’ Voter in the concerned Voters List. 7. 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 his case. 8. 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. 9. With the above directions and observations, the instant writ petition stands disposed of. JUDGE Comparing Assistant