Smti. Manibala Paul and 5 Ors v. The Union of India and 8 Ors

JUDGMENT & ORDER (ORAL) (AM Bujor Barua, J)

Heard Mr. AJ Atia, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC for the respondents in the Union of India as well as for the authorities under the NRC, Mr. AI Ali, learned counsel for the authorities under the Election Commission of India, Mr. A Kalita, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam, the Superintendent of Police (B) Hojai, Sankardev Nagar and the Foreigners' Regional Registration Office, Nagaon as well as the Officer-in-Charge Murajhar Police Station, Hojai and Mr. PK Medhi, learned Government Advocate for the Deputy Commissioner, Nagaon.

¶2The petitioners being (1). Manibala Paul, (2). Biman Paul, (3). Bibhushan Paul, (4). Bhushan Paul (5). Gita Paul Chakravarty and (6). Rita Paul were referred to the Foreigners Tribunal Nagaon for rendering an opinion as to Page No.# 4/6 whether they are persons who entered the State of Assam from the specified territory on or after 25.03.1971 resulting in the registration of F.T. Case No.2364/88.

¶3The Tribunal rendered the opinion dated 18.05.93 that the petitioners are persons who entered the State of Assam from the specified territory between

01.01.1966 and 25.03.1971. Under the provisions of Section 6A(3) of the Citizenship Act, 1955 (for short, the Act of 1955), the persons who are declared to have entered the State of Assam between 01.01.1966 and 25.03.1971 are required to be registered with the concerned Foreigners' Regional Registration Office. It is stated that due to inadvertence, the petitioners failed to get themselves registered with the Foreigners' Regional Registration Office at Nagaon within the stipulated time.

¶4In the aforesaid circumstance, the petitioners above-named are allowed to register themselves as persons who entered the State of Assam between the period 1966 and 1971 from the specified territory with the Foreigners' Regional Registration Office, Nagaon pursuant to the opinion dated 18.05.1993 in F.T. Case No.2364/88 within a period of one month from today.

¶5Upon the petitioners being registered as persons who entered the State of Assam between the period 1966 and 1971, the implication of law under Section 6A(3) of the Act of 1955 would be applicable in respect of the petitioners, meaning thereby that the petitioners will not be entitled to vote for next 10(ten) years from the date of registration and that they would be debarred from their Page No.# 5/6 voting rights. As per Section 6A(3) of the Act of 1955, the Election Commission shall do the needful to delete the names of the petitioners from any voters list wherever their names may appear. Further the Foreigners' Regional Registration Office, Nagaon shall do the needful as may be required under the law in respect of the rights and entitlement of the petitioners being declared to be persons who had entered the State of Assam from the specified territory between 1966 and 1971. Consequently, the Voters Identity Card issued to the petitioners be taken back by the Foreigners' Regional Registration Office, Nagaon. But the petitioners shall be entitled to all other legal rights as may be applicable under the law.

¶6Writ petition stands disposed of with the above observation.

¶7In the event, the petitioners do not get themselves registered within the period as aforesaid, the implication of law that they are not citizens of India would be made applicable in respect of the petitioners. Even in the event of the petitioners not appearing before the Foreigners' Regional Registration Office, Nagaon, the direction to the Election Commission of India to do the needful to delete the names of the petitioners from any voters list wherever their names may appear would remain and be complied with by the Election Commission. The direction issued to the Foreigners' Regional Registration Office, Nagaon to do the needful under the law as well as to take back the Voters Identity Card issued to the petitioners be complied with.

¶8A copy of this order be furnished to Mr. AI Ali, learned counsel for the Page No.# 6/6 Election Commission of India as well as Mr. A Kalita, learned counsel for the Home Department, Government of Assam for onward transmission and necessary action.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010076472023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2109/2023o SMTI.oMANIBALAoPAULoANDo5oORSo W/OoLATEoASHUoRAMoPAUL,oR/OoVILL-SABAJPUR,oP.S.-MURAJHAR,oDIST- NAGAON,oASSAM 2:oBIMALoPAUL oS/OoLATEoASHUoRAMoPAUL oR/OoVILL-SABAJPUR oP.S.-MURAJHAR oDIST-NAGAON oASSAM 3:oBIBHUSANoPAUL oS/OoLATEoASHUoRAMoPAUL oR/OoVILL-SABAJPUR oP.S.-MURAJHAR oDIST-NAGAON oASSAM 4:oBHUSHANoPAUL oS/OoLATEoASHUoRAMoPAUL oR/OoVILL-SABAJPUR oP.S.-MURAJHAR oDIST-NAGAON oASSAM 5:oGITAoPAULoCHAKRAVARTY oD/OoLATEoASHUoRAMoPAUL oR/OoVILL-SABAJPUR oP.S.-MURAJHAR oDIST-NAGAON oASSAM 6:oRITAoPAUL oD/OoLATEoASHUoRAMoPAUL PageoNo.#o2/6 oR/OoVILL-SABAJPUR oP.S.-MURAJHAR oDIST-NAGAON oASSAo VERSUSo THEoUNIONoOFoINDIAoANDo8oORSo SECRETARY,oMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOFoINDIA,oNEWoDELHI 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoFOREIGNERSoTRIBUNAL oNAGAONoCOURToNO.o10TH oAToSANKARDEVoNAGAR oDIST-HOJAI oASSAM 4:THEoDEPUTYoCOMMISSIONER oNAGAON oDIST-NAGAON oASSAM 5:TEHoSUPERINTENDENToOFoPOLICEo(B) oHOJAI oSANKARDEVoNAGAR oASSAM 6:THEoFPRO oNAGAON oP.O.-NAGAON oASSAM 7:THEoELECTIONoCOMMISSIONERoOFoINDIA oNEWoDELHI-110001 8:THEoSTATEoCOORDINATOR oNATIONALoREGISTRATIONoOFoCITIZENSo(NRC) oBHANGAGARH oGUWAHATI-5 9:THEoOFFICER-IN-CHARGE oP.S.-MURAJHAR Page No.# 3/6 POLICE DISTRICT HOJAI ASSA Advocate for the Petitioner : MD. A J ATIA Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN Date : 26-04-2023