Manik Ullah v. The Union of India and 5 Ors

ORDER

21.10.2024

Heard Mr. M. Ali, learned counsel for the petitioner; Ms. L. Devi, learned Central Government Counsel [CGC] for the respondent no. 1; Mr. H. Kuli, learned counsel representing Mr. A. Ali, learned Standing Counsel, Election Commission of India [ECI] for the respondent no. 5; Mr. J. Payeng, learned Standing Counsel, Home Department for the respondent nos. 3, 4 & 6; and Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent no. 5.

¶2The petitioner is aggrieved because of the tag 'D' mentioned against his name in the voters lists of 2011 onwards in respect of 39 no. Jaleswar Legislative Assembly Constituency [LAC] for Village – Tekona, Police Station – Lakhipur, District – Goalpara.

¶3It is the contention of Mr. Ali, learned counsel for the petitioner that the petitioner is possessing all the necessary documents to establish his lineage from his grandparents and parents.

¶4Both Mr. Kuli, learned counsel appearing for ECI and Mr. Payeng, learned Standing Counsel, Home Department have submitted that the writ petition can be disposed of with the Page No.# 3/3 similar kind of observations, as have been passed in a similar writ petition, W.P.[C] no. 6203/2019. Mr. Ali, learned counsel for the petitioner has agreed to such submission made by the learned counsel for the respondents.

¶5In view of the above submissions of the learned counsel for the parties, this writ petition, as consented by Mr. Ali, at this stage, stands disposed of thereby directing that the Superintendent of Police [B], Goalpara, after due verification, if necessary, shall refer the petitioner on his approach, to the concerned Foreigner Tribunal in order to examine the various documents to be submitted by the petitioner and for passing appropriate opinion in that regard.

¶6Accordingly, this writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010199702024 ooooooo 2024:GAU- AS:10320-DB ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5153/2024ooooooooo MANIKoULLAHo S/O-oLATEoANESHoALI,o VILL-oTEKONA,o P.O.-oKATARIHARA,o P.S.-oLAKHIPUR,o DIST-oGOALPARA,oASSAM,o PIN-o783132. VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REPRESENTEDoBYoTHEoSECRETARY,oMINISTRYoOFoHOMEoAFFAIRS,oGOVT.o OFoINDIA,oNEWoDELHI-1. 2:THEoELECTIONoCOMMISSIONoOFoINDIA oREPRESENTEDoBYoITSoSECRETARY oNIRVACHANoBHAWAN oNEWoDELHI-1. 3:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6. 4:THEoSTATEoCOORDINATORoOFoNRC oASSAM oBHANGAGARH oGUWAHATI-05. 5:THEoDEPUTYoCOMMISSIONERoCUMoDISTRICToELECTIONoOFFICER Page No.# 2/3 GOALPARA ASSAM. PIN- 783101. 6:THE SUPERINTENDENT OF POLICE(B) GOALPARA ASSAM. PIN- 783101 Advocate for the Petitioner : MR. M ALI, H R KHAN Advocate for the Respondent : DY.S.G.I., SC, ECI,SC, F.T,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY