Page No.# 1/4 GAHC010089342026 2026:GAU-AS:6602 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2447/2026 NABIRON NESSA W/O ISLAM UDDIN MOLLAH, D/O LATE NURUL HUSSAIN ALIAS NURUL ISLAM, RO VILL MARICHBARI RESERVE, NEW HOLDHIBARI, PO DHUMERGHAT, PS LAKHIPUR, DIST GOALPARA, ASSAM, PIN 783330 VERSUS THE UNION OF INDIA AND 7 ORS REPRESENTED BY THE SECRETARY TO MINISTRY OF HOME AFFAIRS, GOVT OF INDIA, SHASTRI BHAWAN, TILOK MARG, NEW DELHI 01 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE HOME DEPARTMENT DISPUR GHY 06 3:THE ELECTION COMMISSION OF INDIA NEW DELHI 110001 4:THE CHIEF ELECTION OFFICER ASSAM HOUSEFED COMPLEX BELTOLA ROAD GHY 06 5:THE DISTRICT COMMISSIONER GOALPARA P.O. AND DIST.- GOALPARA ASSAM PIN 783101 Page No.# 2/4 6:THE ELECTION OFFICER GOALPARA P.O. AND DIST.- GOALPARA ASSAM PIN 783101 7:THE SUPERINTENDENT OF POLICE (B) GOALPARA P.O. AND DIST.- GOALPARA ASSAM PIN 783101 8:THE ELECTORAL REGISTRATION OFFICER 39 JALESWAR LEGISLATIVE ASSEMBLY CONSTITUENCY O/O THE BLOCK DEVELOPMENT OFFICER LAKHIPUR DEVELOPMENT BLOCK P.S. AND P.O. LAKHIPUR DIST.- GOALPARA ASSAM PIN 78312 Advocate for the petitioner(s): Mr. MH Talukdar Advocate for the respondent(s): Mr. AI Ali Standing Counsel, Election Commission of India Mr. M Chetia, Govt. Advocate, Assam Mr. K Gogoi, CGC B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 13.05.2026 Page No.# 3/4 Heard Mr. MH Talukdar, the learned counsel appearing on behalf of the petitioner. Also heard Mr. K Gogoi, the learned CGC; Mr. AI Ali, learned Standing Counsel, Election Commission of India and Mr. M Chetia, the learned Government Advocate, Assam for the State respondents. 2. The case of the petitioner is that in the Voters list of 1997 and 2015 of Village 70 Marichbari Reserve, P.S. Lakhipur, District Goalpara, 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.7 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 petitioner has not been referred to the concerned Foreigners Tribunal, this Court further directs the said respondent No.7 to refer the case of the petitioner as regards the mark “D” in the voters list in respect to 39 Jaleswar L.A.C to a competent Foreigners Tribunal, in the Page No.# 4/4 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