Page No.# 1/4 GAHC010030242026 2026:GAU-AS:8011- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/618/2026 JOYNUDDIN SHEIKH SON OF LATE JALIPUDDIN SHEIKH, RESIDENT OF VILLAGE- KATLAMARI, POLICE STATION- LAKHIPUR, DISTRICT- GOALPARA, ASSAM VERSUS THE UNION OF INDIA and ORS REP BY THE SECRETARY,MINISTRY OF HOME AFFAIRS,GOVT OF INDIA,SHASTRI BHAWAN,NEW DELHI-110001 2:THE STATE OF ASSAM REP BY THE SECRETARY TO THE GOVT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI PIN-781006 3:THE ELECTION COMMISSION OF INDIA REP BY THE CHIEF ELECTION COMMISSION NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001 4:THE STATE COORDINATOR NRC 1ST FLOOR ACHYUT PLAZA G S ROAD BHANGAGHAR GUWAHATI ASSAM-781005 Page No.# 2/4 5:THE DISTRICT COMMISSIONER GOALPARA PO AND PS-GOALPARA DIST-GOALPARA ASSAM-783101 6:THE SUPERINTENDENT OF POLICE BORDER GOALPARA PO AND PS-GOALPARA DIST-GOALPARA ASSAM-78310 For the Applicant(s) : Ms. D. Ghosh, Advocate For the Respondent(s) : Mr. G. Bokolial, Govt. Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 08.06.2026 Heard Ms. D. Ghosh, the learned counsel appearing on behalf of the applicant. Mr. G. Bokolial, the learned Government Advocate appears on behalf of the Home Department of the Government of Assam. 2. None appears on behalf of the Union of India, the Election Commission of India, or the NRC. 3. This is an application seeking modification of the order dated 03.12.2025 passed in WP(C) No. 6794/2025. First and Page No.# 3/4 foremost, this application is not maintainable inasmuch as it is a well settled principle of law that a miscellaneous application cannot be filed in respect to a matter that has already been disposed of. 4. Be that as it may, this Court duly takes note of the submissions made by Ms. D. Ghosh, the learned counsel appearing on behalf of the applicant, that the applicant has been marked as a “D” voter in Goalpara District, where the applicant is a voter in the 39 No. Jaleshwar Legislative Assembly Constituency, whereas FT Case No. 205/2018 has been registered at Kamrup (M), Guwahati, Assam. The learned counsel submitted that there is a requirement of another reference to be made qua the marking of the applicant as a “D” voter before the Foreigners Tribunal, Goalpara. 5. The said submission is completely misconceived inasmuch as there cannot be two proceedings for adjudication of the question as to whether the applicant is a citizen of India or not. 6. It is the opinion of this Court that if the decision in FT Case No. 205/2018 is made in favour of the applicant, the same would duly cover the applicant's case for removal of the “D” mark against his name in the voter list. 7. Accordingly, the instant application, being misconceived, Page No.# 4/4 stands rejected. JUDGE Comparing Assistant