Tapan Mazumdar v. The Union of India and 6 Ors

PageoNo.#o1/3 GAHC010097252019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2874/2019o TAPANoMAZUMDARo S/O-oLToSACHINDRAoMAZUMDAR,oR/O-oVILL-oBORDOLONG,oP.S.oLANKA,o SUBoDIVISIONoHOJAI,oDIST-oNAGAON,oASSAM,oPIN-o782446 VERSUSo THEoUNIONoOFoINDIAoANDo6oORS.o REP.oBYoSECY.oTOoTHEoMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOFoINDIA,o NEWoDELHI-o110001 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-6 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoITSoCHIEFoCOMMISSIONER oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-o110001 4:THEoDY.oCOMMISSIONER oNAGAON oP.O.oNAGAON oDIST-oNAGAON oASSAM oPIN-o782002 5:THEoSUPERINTENDENToOFoPOLICEo(B) oNAGAON oP.O.oNAGAON oDIST-oNAGAON oASSAM Page No.# 2/3 PIN-782002 6:THE FOREIGNERS REGIONAL REGISTRATION OFFICE NAGAON P.O. NAGAON DIST-NAGAON ASSAM PIN-782002 7:THE STATE CO-ORDINATOR (NRC) ASSAM BHANGAGARH DIST-KAMRUP (M) ASSAM PIN-78100 Advocate for the Petitioner : MR H J TAMULI Advocate for the Respondent : MR. S C KEYAL (ASSTT. S.G.I., R-1)

BEFORE HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON'BLE MR. JUSTICE ROBIN PHUKAN O R D E R

22.02.2023 (A.M. Bujor Barua, J)

Heard Mr. HJ Tamuli, learned counsel for the petitioner, Ms. L Devi, learned counsel for the respondents No. 1 and 7 being the authorities in the Union of India and NRC respectively, Ms. A Verma, learned counsel for the respondents No. 2, 5 and 6 being the authorities in the Home Department of the Government of Assam, Mr. AI Ali, learned counsel for the respondent No. 3 being the Election Commission of India and Mr. TR Gogoi, learned counsel for the respondent No. 4 being the Deputy Commissioner, Nagaon.

¶2The petitioner Tapan Mazumdar has approached this Court by referring to the order dated 10.12.1998 of the Foreigners Tribunal, Nagaon in FT Case No. 3269/1988, which was in a matter between the State of Assam –vs-Kalitara Mazumdar and others. By the order of 10.12.1998, the Foreigners Tribunal had Page No.# 3/3 provided that the opposite parties therein i.e. Kalitara Mazumdar and others to register themselves with the Foreigners Regional Registration Officer (FRRO), Nagaon, although the order of the Tribunal mentioned it to be the Superintendent of Police (Border), Nagaon.

¶3The petitioner Tapan Mazumdar claims that he was also a party in the aforesaid FT Case No. 3269/1988 and was included in the expression 'and others'.

¶4No acceptable reason is forthcoming as to if the petitioner ought to have been registered before the FRRO, then why the petitioner did not get himself registered. Be that as it may, as it is a requirement of law for the petitioner to have himself registered before the FRRO, Nagaon to be a person who entered the State of Assam between 1966 and 1971, we allow the petitioner to do so. But, however, we also provide that the implication of being registered as a person who entered the State of Assam between 1966 and 1971 i.e. the person concerned would be debarred from exercising his voting rights for a period of ten years, shall be applicable to the petitioner from the date of his registration. The other implications of law shall also be applicable in respect of the petitioner.

¶5The petitioner is required to register before the FRRO, Nagaon within a period of one month from today and if he does not do so, adverse consequence shall follow against him as per law. The writ petition is disposed of as indicated above.

JUDGE JUDGE Comparing Assistant