Page No.# 1/4 GAHC010127002026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3361/2026 FULBHANU BIBI ALIAS FULBHANU AKHTAR WIFE OF HUMAYUN ALI, DAUGHTER OF LATE NUR ISLAM ALIAS NURUL ISLAM ALIAS NUR ISLAM SHEIKH, RESIDENT OF VILLAGE GUMAIJHAR, PO SIMLABARI, PS LAKHIPUR, DISTRICT GOALPARA, ASSAM, PIN 783330 VERSUS THE UNION OF INDIA AND 7 ORS REPREENTED BY THE SECRETARY TO THE 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 GUWAHATI- 6. 3:THE ELECTION COMMISSION OF INDIA NEW DELHI- 110001. 4:THE CHIEF ELECTION OFFICER ASSAM HOUSEFED COMPLEX BELTOLA ROAD GUWAHATI -6. 5:THE DISTRICT COMMISSIONER GOALPARA PO AND DISTRICT GOALPARA ASSAM PIN 783101 6:THE ELECTION OFFICER Page No.# 2/4 GOALPARA PO AND DISTRICT GOALPARA ASSAM PIN 783101 7:THE SUPERINTENDENT OF POLICE (BORDER) GOALPARA PO AND DISTRICT GOALPARA ASSAM PIN 783101 8:THE ELECTORAL REGISTRATION OFFICER 39 JALESWAR LEGISLATIVE ASSEMBLY CONSTITUENCY OFFICE OF THE BLOCK DEVELOPMENT OFFICER LAKHIPUR DEVELOPMENT BLOCK PS AND PO LAKHIPUR DISTRICT GOALPARA ASSAM PIN 783129 Advocate for the Petitioner : MR. M H TALUKDAR, MD. S ALOM Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 25.06.2026 Heard Shri M H Talukdar, learned counsel appearing on behalf of the petitioner. Also heard Shri K Gogoi, the learned CGC; Shri AI Ali, learned Standing Counsel, Election Commission of India, Ms. U. Das, the learned Government Advocate, Assam for the State respondents and Shri J. Payeng, learned counsel for the respondent no. 7. 2. The case of the petitioner is that in the Voters list of 2005 of Village Gumaijhar, P.S. Lakhipur, District Goalpara, the name of the petitioner was marked with the letter “D” and thereupon the petitioner has approached the Page No.# 3/4 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 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 Page No.# 4/4 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