Johirul Islam v. The Union of India and 7 Ors

ORDER

09.02.2024

¶1Heard Mr. M.H. Talukdar, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned counsel for respondent Nos.1, 2 and 5, Mr. A.I. Ali, learned counsel for respondent Nos.3, 4, 6 & 8 and Mr. J. Payeng, learned counsel for the respondent No.7.

¶2The case of the petitioner is that in the voters list of 1997, 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 Page No.# 3/4 his name from the voters list.

¶3As 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.

¶4Whether 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.

¶5In 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 LAC to a competent Foreigners Tribunal, Goalpara district for an appropriate adjudication as regards the status of the petitioner as "D" voter in the concerned voters list.

¶6Reference 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. Page No.# 4/4

¶7If 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.

¶8With the above directions and observations, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010016332024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/629/2024o JOHIRULoISLAMo S/O-oLATEoTALEBURoRAHMANo@oTALEBARoRAHMANo@oABUoTALEBo MOLLA,oR/O-oVILL-oHOLDIBARI,oP.O.oDHUMERGHAT,oP.S.oLAKHIPUR,o DISTRICT-oGOALPARA,oASSAM,oPIN-o783330 VERSUSo THEoUNIONoOFoINDIAoANDo7oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoMINISTRYoOFoHOMEo AFFAIRS,oGOVT.oOFoINDIA,oSHASTRIoBHAWAN,oTILOKoMARG,oNEWoDELHI- 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoHOMEo DEPARTMENT oDISPUR oGUWAHATI-06 3:THEoELECTIONoCOMMISSIONoOFoINDIA oNEWoDELHI-o110001 4:THEoCHIEFoELECTIONoOFFICER oASSAMoHOUSEFEDoCOMPLEX oBELTOLAoROAD oGUWAHATI-06 5:THEoDEPUTYoCOMMISSIONER oGOALPARA oP.O.oANDoDISTRICT-oGOALPARA oASSAM oPIN-o783101 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 O/O THE BLOCK DEVELOPMENT OFFICER LAKHIPUR DEVELOPMENT BLOCK P.O. LAKHIPUR DIST.- GOALPARA ASSAM PIN- 78312 Advocate for the Petitioner : MR. M H TALUKDAR Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA