Page No.# 1/5 GAHC010162612019 2026:GAU-AS:8994 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5290/2019 MOFILA BIBI W/O LT. ABDUR RAHMAN, R/O VILL. BEGUNTOLI, P.S. GAURIPUR, DIST. DHUBRI, ASSAM VERSUS THE UNION OF INDIA AND 4 ORS. REP. BY THE MINISTRY OF HOME AFFAIRS, NEW DELHI 2:THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GUWAHATI-781006 3:THE SUPERINTENDENT OF POLICE (B) DHUBRI ASSAM 4:THE DEPUTY COMMISSIONER DHUBRI ASSAM 5:THE DISTRICT ELECTION OFFICER DHUBRI ASSA Advocate for the Petitioner : MR. A J DAS, MR G RENGMA,MR P DEKA,MR. R DE Advocate for the Respondent : ASSTT.S.G.I., SC, F.T,SC, NRC,SC, ECI Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 22.06.2026 (K. R. Surana, J) Heard Mr. G. Rengma, learned counsel for the petitioner. Also heard Mr. C. K. S. Baruah, learned CGC; Mr. Mr. A.I. Ali, learned standing counsel for the ECI; Ms. A. Verma, learned Standing Counsel for the F.T. matters and Ms. R. B. Bora, learned Junior Govt. Advocate for respondent. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Mofila Bibi, has assailed the impugned opinion dated 24.04.2019, passed by the learned Member, Foreigners Tribunal No. 4, Dhubri, Assam, in F.T. Case No. F.T.-4/45/GPR/2018 [arising out of Reference I.M.(D).T. Case No.-3207/98], by which, the petitioner was declared to be foreigner who had entered into India post 25.03.1971. 3. In view of the order proposed to be passed, the Court does not find any reason to burden this order with the pleadings and evidence on record. 4. It would suffice to mention that the petitioner had exhibited an Electoral Roll of 1966 as ‘Ext. 2’, containing the name of ‘Ahabbar Ali Sk’, projecting him to be her grandfather. 5. The learned Tribunal, on discussing the evidence on record, had opined that the petitioner had failed to produce any Voter list in the name of Akabbor Ali, prior to 1971, projected grandfather of the petitioner. Page No.# 3/5 6. The learned Tribunal had recorded in paragraph no. 8 of the impugned opinion that the Electoral Roll of 1966 is in the name of ‘Ahabbar Ali Sk’ and not ‘Akabbor Ali’. 7. In the written statement, the petitioner had stated in paragraph no. 8 that in the Electoral Roll of 1966, the name of her grandfather was recorded as ‘Ahabbar Ali Sk, S/o Posu Sk’ in place of his actual name ‘Akabbar Ali, S/o Posu Sk’. 8. It is noticed that the Electoral Roll of 1966 (Ext. 2), contains the name of 4 (four) voters, out of which, the name of 3 (three) voters have appeared in the Electoral Roll of 1970 (Ext. 3). However, in the said Voter List, the name of the petitioner’s grandfather was written as ‘Ahabbad Ali’. But, the name of ‘Akabbor’ appears as the father of the voter ‘Mokbul Hussain’ in the Voter List of 1985 (Ext. 4) and there are further 3 (three) voters, in the Voter List of 1993 (Ext. 5). 9. On a perusal of the record, it is noticed that pursuant to a ‘summon’ for appearance issued to the Election Officer, Dhubri, the said authority, by a forwarding letter No. DEL-7/2018/Pt-IV/159 dated 23.10.2018, had expressed his regret to attend the Court due to shortage of staff. However, the ‘certified to be true copies’ of the Electoral Roll of 1966, 1970, 1985, 1993, 2015, 1997 and 2015, i.e., the photocopies of the documents exhibited as Ext. Nos. 2 to Ext. 5, Ext. 7, Ext. 10 and Ext. 12; were enclosed along with the forwarding letter issued by the Election Officer, Dhubri. Though, the aforesaid forwarding letter is available in the TCR, the receipt of the said forwarding letter of the Election Officer, Dhubri dated 23.10.2018, is not recorded in the Order-Sheet of the learned Tribunal. 10. As the Election Officer, Dhubri had sent the ‘certified to be true copy’ of the Page No.# 4/5 said 7 (Seven) Voter lists, i.e., Ext. 2 to Ext. 5, Ext. 7, Ext. 10 and Ext. 12, it is the considered opinion of this Court that the said learned Tribunal ought to have considered the said documents. The non consideration of the said ‘certified to be true copies’ of the Electoral Roll, sent by the Election Officer, Dhubri, in the opinion of this Court, has vitiated the impugned opinion. 11. Accordingly, this Court is inclined to set aside the impugned opinion dated 24.04.2019, passed by the learned Member, Foreigners Tribunal No. 4, Dhubri, Assam, in F.T. Case No. F.T.-4/45/GPR/2018 [arising out of Reference I.M.(D).T. Case No.-3207/98], by which, the petitioner was declared to be foreigner who had entered into India post 25.03.1971. 12. The proceeding of F.T. Case No. F.T.-4/45/GPR/2018 [arising out of Reference I.M.(D).T. Case No.-3207/98], is remanded back to the said learned Tribunal for a fresh opinion, after duly considering the ‘certified to be true copies’ of the Electoral Rolls, as sent by the Election Officer, Dhubri, by his forwarding letter dated 23.10.2018. 13. The petitioner, who is duly represented by her learned counsel, is directed to appear before the learned Member, Foreigners Tribunal No. 4, Dhubri, Assam, within an outer limit of 13.07.2026; and by producing a certified copy of this order, shall await for further directions by the said learned Tribunal. 14. If the petitioner does not appear before the said learned Tribunal on the date fixed, it would be open to the said learned Tribunal to take the petitioner as ‘Absent on Call’ and decide the matter in the absence of the petitioner. 15. The Registry shall send back the records to the learned Tribunal expeditiously. 16. The matter stands allowed to the extent indicated hereinabove, by an order Page No.# 5/5 of remand. JUDGE JUDGE Comparing Assistant