Ranjit Barman v. The Union of India and 6 Ors

ORDER

13.12.2023

Heard Shri P. Bordoloi, learned counsel for the petitioner. Also heard Shri A.I. Ali, learned Standing Counsel, ECI for the respondent nos. 2 & 6 and Shri G. Bokolial, learned State Counsel appearing for the respondent no. 5. Shri A. Kalita, learned Standing Counsel, F.T. for the respondent no. 5.

¶2The grievance of the petitioner is the action of the authorities in marking 'D' against the name of the petitioner in the voter list of Village-NG Buduati under the No. 76 Biswanath LAC. It is the case of the petitioner that such marking was without any notice or intimation or even verification of any documents. It is the case of the petitioner that he is a permanent resident of the village NG Buduati, PS-Sootea. He Page No.# 3/4 has further claimed that he is presently residing at Village NG Buduati under No. 76 Biswanath LAC in the district of Biswanath, Assam. It is the case of the petitioner that due to the action of marking 'D' against his name, he has been left out from the draft NRC. The learned counsel for the petitioner accordingly prays for a direction for consideration of his case and direct the appropriate authority for removal of the 'D' from his name.

¶3On the other hand, learned counsel for the respondents have submitted that a procedure had been laid down to adjudicate the matter where the persons are aggrieved by marking 'D' against their names in the voter list and the present case can also be dealt with by the same procedure.

¶4Shri AI Ali, the learned Standing Counsel, ECI has placed before this Court an order dated 11.12.2023 passed by this Court in WP(C)/7087/2023 by which a case of similar nature has been disposed of. By the said order, this Court had observed that the issue involved would require factual determination and the appropriate forum would be the concerned Foreigners Tribunal, as a Writ Court in exercise of its powers under Article 226 of the Constitution of India may not have adequate means and expertise to decide the questions of fact which are disputed. It was further directed that the Superintendent of Police of the concerned district would verify the case of the petitioner and thereafter refer the matter to the concerned Foreigners Tribunal which will deal with the matter in accordance with law.

¶5Following the aforesaid order, the present case is also disposed of by directing Superintendent of Police, Border-respondent no. 5 to examine and verify the case of the petitioner and if on such verification it is found that the case of the petitioner is yet to be referred to the concerned Foreigners Tribunal, to immediately refer the case to the concerned Tribunal which in turn would examine the claim of the petitioner. Page No.# 4/4

¶6In view of the prayer made for removal of marking 'D' in the voter list from the concerned No. 76 Biswanath LAC/voter list of 1997, Reference, if not made till now, 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 his claim before the Tribunal.

¶7The writ petition accordingly stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010246252023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6920/2023o RANJIToBARMANo S/O-oUPENoBARMAN,o R/O-oVILLAGEoBUDUATI,o P.S-oSOOTEA,oDIST-oBISWANATH,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REP.oBYoTHEoSECRETARYoTOoTHEoMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOF INDIA,oSASTRIoBHAWAN,oNEWoDELHI-o110001. 2:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSIONERoOFoINDIA oNIRVACHANoSADAN oASHOKAoROAD NEWoDELHI-110001 3:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 4:THEoDEPUTYoCOMMISSIONER oBISWANATH oDIST-oBISWANATH oASSAM oPIN-784176 5:THEoSUPERINTENDENToOFoPOLICEo(B) oBISWANATH oDIST-oBISWANATH Page No.# 2/4 ASSAM PIN-784176 6:THE ELECTION OFFICER BISWANATH DIST- BISWANATH ASSAM PIN-784176 7:THE STATE COORDINATOR OF NATIONAL REGISTER OF CITIZENS ASSAM P.O AND P.S- BHANGAGARH GUWAHATI-05 DIST- KAMRUP (M) ASSA Advocate for the Petitioner : MR. P BORDOLOI Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI