Disposed

Hari Sankar Kundu v. the Union of India and 5ORS

Gauhati HC7 Nov 2019WP(C)/7580/2017

Case brief

AI extract

What is this about?

Petitioner, declared a foreigner and registered as such by FRRO following higher instructions, moved this court. Court disposed of the writ as no issue existed after registration, imposing a 10-year bar on voting or electoral roll inclusion.

What did the court decide?

Disposal of the writ petition with observation that the petitioner shall not vote or be included in any electoral roll for 10 years from the date of registration.

Hari Sankar Kundu Vs the Union of India and… — Pension and Retirement Benefits | Gauhati HC (2019)

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Page No.# 1/3

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GAHC010055222017

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 7580/2017

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1:HARI SANKAR KUNDU

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S/O- LT SURENDRA MOHAN KUNDU R/O- WARD NO.4, DHEMAJI TOWN, P.S. DHEMAJI, DIST- DHEMAJI, ASSAM

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VERSUS

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1:THE UNION OF INDIA and 5ORS

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THROUGH THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI.PIN-110001

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2:THE STATE OF ASSAM THROUGH THE SECRETARY TO THE GOVT. OF ASSAM MINISTRY OF HOME DEPTT. DISPUR GHY-6

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3:THE DEPUTY COMMISSIONER DHEMAJI ASSAM PIN-782105

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4:THE SUPERINTENDENT OF POLICE B DIST- DHEMAJI ASSAM.PIN- 787057

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5:THE FOREIGNER'S REGIONAL REGISTRATION OFFICER SONITPUR TEZPUR ASSAM PIN-784001

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6:THE OFFICER-IN-CHARGE DHEMAJI POLICE STATION DIST- DHEMAJI

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Page No.# 2/3

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ASSA

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Advocate for the Petitioner : MR.S SARKAR

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Advocate for the Respondent : ASSTT.S.G.I.

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BEFORE HONOURABLE MR. JUSTICE MANOJIT BHUYAN HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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O R D E R

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07.11.2019

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( Manojit Bhuyan, J )

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Heard Mr. S. Sarkar, learned counsel for the petitioner as well as Ms. G. Hazarika, learned counsel representing respondent no.1. Mr. J. Payeng, learned counsel represents respondent nos.2, 3, 4, 5 and 6.

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By the opinion passed way back on 03.10.1988 by the Foreigners’ Tribunal, Lakhimpur in F.T. Case No.140/1988, the petitioner Hari Sankar Kundu was declared to be a foreigner, having entered into Assam in between 01.01.1966 and 25.03.1971. The present writ petition was filed in the year 2017 with the prayer for a direction to the respondent concerned for registration of the name of the petitioner as a foreigner of 1966 - 1971 stream.

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Today, Mr. Sarkar has produced a document under the signature of the Spl. Foreigners Regional Registration Officer (Superintendent of Police), Sonitpur, Tezpur showing that the name of the petitioner had been registered at Tezpur on 31.07.2019 vide Registration No.DMO/FRRO/19/879. It is stated that the belated registration was made following the instructions issued from the office of Special Director General of Police (Border), Assam, so communicated vide Memo dated 22.05.2019.

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Having regard to the above, no issue survives for consideration. Writ petition stands disposed of accordingly with the observation that the until expiry of 10 (ten) years next from the date of registration of his name before the aforesaid Registering Authority, the petitioner shall not be allowed to cast vote and/or be entitled to have his name included in any electoral roll for any Assembly or Parliamentary constituency.

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Copy of the aforesaid documents in proof of registration of the name of the petitioner as well as Memo dated 22.05.2019 are retained as part of the case records of the writ petition.

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JUDGE JUDGE

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Comparing Assistant

Hari Sankar Kundu v. the Union of India and 5ORS

Case brief

What is this about?

What did the court decide?

Hari Sankar Kundu v. the Union of India and 5ORS

Case brief

What is this about?

What did the court decide?

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