Bablu Das @ Gopal Chandra Das v. The Union of India and 4 Ors

ORDER

10.06.2024 Heard Ms. R. Saha, learned counsel for the petitioner. also heard Mr. A.I. Ali, learned Standing Counsel, Election Commission of India (ECI).

¶2The petitioner is aggrieved that although he is an Indian Citizen his name is marked as "D Voter" in the voter list of Bongaigaon Legislative Assembly Constituency. Learned counsel for the petitioner has referred to an order dated

29.07.2000 issued by the then Court of Illegal Migrants (D) Tribunal, Goalpara. By the said order it was held by the Tribunal that the petitioner was registered by the F.R.R.O at Bongaigaon on 07.09.1998 for naturalization as a citizen of India. Learned counsel for the petitioner submits that the name of the petitioner be enlisted as a citizen of India and the endorsement "D Voter" be removed.

¶3Mr. A.I. Ali, learned Standing Counsel, ECI appearing for the respondent nos. 3 & 5 submits that if the petitioner's name indeed registered by the F.R.R.O. at Bongaigaon, then the petitioner may appear before the competent authority, namely, Electoral Registration Officer (ERO), Bongaigaon along with the registration certificate issued by the F.R.R.O, Goalpara and thereafter, the Page No.# 3/3 concerned respondents will take necessary steps to include the name of the writ petitioner in the list of the Indian Citizen after following the due procedure prescribed under the law.

¶4Learned counsel for the petitioner does not object to submissions made by Mr. A.I. Ali, learned Standing Counsel, ECI.

¶5Taking into consideration the submissions of the respective learned counsel, this writ petition is closed at this stage permitting the petitioner to appear before the ERO, Bongaigaon within a period of 30 (thirty) days from the date of receipt of a certified copy of this order and produce the original registration certificate issued by the F.R.R.O., Goalpara showing the name of the writ petitioner. If any such certificate and other relevant documents are produced before the ERO, Bongaigaon, the ERO will take into account such certificate and thereafter, proceed to take necessary steps to include the name of the petitioner as per the procedure prescribed.

¶6The writ petition accordingly stands disposed of in terms of the above. Interim order, if any, stands vacated. JUDGE Comparing Assistant Sumita

PageoNo.#o1/3 GAHC010075002022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2802/2022o BABLUoDASo@oGOPALoCHANDRAoDASo S/O-oLATEoSURENDRAoCH.oDAS,oR/O-oWARDoNO.o19,oBHAKARIVITA,o BONGAIGAONoTOWN,oP.O.,oP.S.oANDoDIST.oBONGAIGAON,oASSAM,oPIN-o 783380. VERSUSo THEoUNIONoOFoINDIAoANDo4oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oDEPTT.oOFo HOMEoAFFAIRS,oNEWoDELHI. 2:STATEoOFoASSAM oREPRESENTEDoBYoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPTT.oOFoHOMEoAFFIARS oDISPUR oGUWAHATI-6. 3:ELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCOMMISSIONER oNIRBACHANoSADAN oNEWoDELHI. 4:THEoDEPUTYoCOMMISSIONER oBONGAIGAON oASSAM oDIST.oBONGAIGAON oASSAM 5:THEoDISTRICToELECTIONoOFFICER oBONGAIGAON oASSAM oDIST.oBONGAIGAON oASSAo Page No.# 2/3 Advocate for the Petitioner : MR. B J MUKHERJEE Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA