Page No.# 1/3 GAHC010127092026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3334/2026 MONOWARA BEGUM D/O- MOGROB ALI MONDAL, W/O- ABDUL AJID, VILL- GUMAIJHAR, P.O.- SIMLABARI, P.S- LAKHIPUR, DIST- GOALPARA, ASSAM. PIN-783330. VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY OF THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI-1. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 3:THE ELECTION COMMISSION OF INDIA NEW DELHI.-1. 4:THE STATE CO-ORDINATOR OF NRC ASSAM DISPUR GUWAHATI-6. 5:THE DISTRICT COMMISSIONER GOALPARA DISTRICT- GOALPARA ASSAM. PIN-783121. 6:THE SUPERINTENDENT OF POLICE (B) GOALPARA DISTRICT- GOALPARA ASSAM. PIN-783121. Page No.# 2/3 7:THE OFFICER-IN-CHARGE LAKHIPUR POLICE STATION DISTRICT- GOALPARA ASSAM. PIN-783129 Advocate for the Petitioner : N. UDDIN, MR. R ISLAM Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 24.06.2026 Heard N. Uddin, the learned counsel appearing on behalf of the petitioner. Also heard Ms. K. Phukan, the learned CGC, who appears on behalf of the respondent No.1; Ms. U. Das, learned State Counsel appearing for the respondent Nos. 2, 5 & 7; Ms. S. Katakey, learned counsel appearing for the respondent no. 3 and Ms. S. Doley, learned counsel appearing for the respondent nos. 4 & 6. 2. It is submitted that similar matters have been disposed of. 3. The case of the petitioner is that in the voters list of 2005, 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. 4. 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. 5. Whether a person is a “D” voter or not is a matter of factual determination Page No.# 3/3 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. 6. In the circumstances, this Court, therefore, directs the respondent No.6 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.6 to refer the case of the petitioner as regards the mark “D” in the voters list in respect to 39 No. Jaleswar LAC, District Goalpara to a competent Foreigners Tribunal, in the Goalpara district 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 her 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