Matilal Rabidas @ Motilal Robidas v. The Union of India and 7 Ors

ORDER

11.12.2023

Heard Shri M.H. Talukdar, learned counsel for the petitioner. Also heard Shri A.I. Ali, learned Standing Counsel, ECI for the respondent nos. 3, 4, 6 & 8 and Shri M. Chetia, learned State Counsel appearing 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-Sabaji Baguan under the Goalpara West 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 Page No.# 3/4 petitioner that he is a permanent resident of the village Sabaji Baguan, PS-Baguan. He has further claimed that he is presently residing at Village Sabaji Baguan under Goalpara West LAC in the district of Goalpara. 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 05.06.2023 passed by this Court in WP(C)/3188/2023 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. 7 to examine and verify the case of the petitioner and if on such verification it is found that the case of the petitioner is Page No.# 4/4 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.

¶6In view of the prayer made for removal of marking 'D' in the voter list from the concerned No. 38 Goalpara West LAC/voter list of 2005, 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 GAHC010257412023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7087/2023o MATILALoRABIDASo@oMOTILALoROBIDASo S/O-oLATEoLAKSHANoROBIDASo@oLAKHANoRAMoRABIDAS,oR/O-oVILL-o SABAJIoBAGUANo(BARUAHoPARA),oP.O.oBAGUAN,oP.S.oBAGUAN,oDISTRICT- GOALPARA,oASSAM,oPIN-o783129 VERSUSo THEoUNIONoOFoINDIAoANDo7oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoMINISTRYoOFoHOMEo AFFAIRS,oGOVT.oOFoINDIA,oSHASTRIoBHAWAN,oTILOKoMARG,oNEWoDELHI- 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoHOMEo DEPARTMENT oDISPUR oGUWAHATI-06 3:THEoELECTIONoCOMMISSIONoOFoINDIA oNEWoDELHI-o110001 4:THEoCHIEFoELECTIONoOFFICER oASSAM oHOUSEFEDoCOMPLEX oBELTOLAoROAD oGUWAHATI-06 5:THEoDEPUTYoCOMMISSIONER oGOALPARA oP.O.oANDoDISTRICT-oGOALPARA oASSAM oPIN-o783101 Page No.# 2/4 6:THE ELECTION OFFICER GOALPARA P.O. AND DISTRICT- GOALPARA ASSAM PIN- 783101 7:THE SUPERINTENDENT OF POLICE (B) GOALPARA P.O. AND DISTRICT- GOALPARA ASSAM PIN- 783101 8:THE ELECTORAL REGISTRATION OFFICER 38 GOALPARA WEST LEGISLATIVE ASSEMBLY O/O- THE CIRCLE OFFICER GOALPARA REVENUE CIRCLE P.O. AND DISTRICT- GOALPARA ASSAM PIN- 78310 Advocate for the Petitioner : MR. M H TALUKDAR Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI