Page No.# 1/3 GAHC010007932026 2026:GAU-AS:1689 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/614/2026 NAZIA KHATUN D/O-LATE-LOKMAN MUNSHI @ LOKMAN BEPARI, W/O-ABIJOL HOQUE @ ABIZOL HOQUE, R/O-AOLATOLI, P.O.-AOLATOLI, P.S-LAKHIPUR, DISTRICT-GOALPARA, (ASSAM),PIN-783129. VERSUS THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI- 110001, 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER INDIA NEW DELHI- 110001 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-06 4:THE DISTRICT COMMISSIONER-CUM-ELECTION OFFICER GOALPARA ASSAM PIN- 783129 5:THE SUPERINTENDENT OF POLICE (B) GOALPARA ASSAM PIN- 78312 Page No.# 2/3 Advocate for the Petitioner : MR J ISLAM, E BEGUM Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, NRC,SC, F.T,SC, ECI BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 09.02.2026 Heard Mr. J. Islam, learned counsel for the petitioner; Mr. A.K. Dutta, learned Central Government Counsel for the respondent no. 1; Ms. S. Kataki, learned Standing Counsel, Election Commission of India for the respondent no. 2; Ms. S. Doley, learned counsel on behalf of Mr. J. Payeng, learned Standing Counsel, NRC & FT matters for respondent nos. 3 & 5; and Mr. S.R. Baruah, learned Junior Government Advocate, Assam for the respondent no. 4. 2. The case of the petitioner is that in the Voters List of 2005 and subsequent years pertaining to 38 no. Goalpara West LAC, the name of the petitioner was marked with the letter ‘D’ and thereupon the petitioner has approached the concerned respondent authorities for removal of the tag ‘D’ in her name from the Voters List. 3. As the concerned respondent authorities had failed to do so, the petitioner is before this Court under Article 226 of the Constitution of India for an appropriate direction that the letter ‘D’ tagged with the name of the petitioner in the Voters List be removed. 4. 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 of its powers under Article 226 of the Constitution of India would not have the competence to decide such a question which depends on the evidence that may be produced. 5. In the circumstances, this Court therefore directs the respondent no. 5 i.e. the Superintendent of Police [Border], Goalpara 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 Page No.# 3/3 petitioner has not been referred to the concerned Foreigners Tribunal, this Court further directs the respondent no. 5 to refer the case of the petitioner as regards the mark ‘D’ in the Voters List in respect to 38 no. Goalpara West LAC to a competent Foreigners Tribunal, Goalpara district for an appropriate adjudication as regards the status of the petitioner as ‘D’ voter in the concerned Voters List. 6. 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 her case. 7. 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. 8. With the above directions and observations, the instant writ petition stands disposed of. JUDGE Comparing Assistant