Petitioner, a prodeo in F.T. case, sought direction for certified copies of Voter Lists. Court declined to bypass Foreigner's Tribunal, directing petitioner to approach the Tribunal instead.
Direction to approach the Foreigner's Tribunal and file appropriate application; writ petition disposed of; interim order vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010013542020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/427/2020
ANOWAR HUSSAIN
S/O- LT ALTAB HUSSAIN, VILL- KARAGARI NON K, P.S. SARTHEBARI, P.O. GALIBANDHA, DIST- BARPETA, ASSAM, PIN- 781375
VERSUS
THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, HOME AND POLITICAL DEPTT., DISPUR, GHY-6
2:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASOKA ROAD NEW DELHI- 11000
3:THE CHIEF ELECTORAL OFFICER ASSAM ELECTION DEPTT. 4TH FLOOR BLOCK-C ASSAM SECRETARIAT DISPUR GHY-6
4:THE ELECTION OFFICER CUM DY. COMMISSIONER BARPETA DIST- BARPETA ASSAM PIN- 781301
5:THE ELECTION OFFICER SARTHEBARI REVENUE CIRCLE
Page No.# 2/3
P.O. SARTHEBARI DIST- BARPETA ASSAM PIN- 78130
Advocate for the Petitioner : MR. A K HUSSAIN
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
Date : 01-03-2021
Heard Mr. A.K. Hussain, learned counsel for the petitioner. Ms. M. Bhattacharjee, learned Additional Senior Advocate is present representing respondent nos. 1, 3, 4 and 5.
The petitioner is a procedee in F.T. Case no. 2222/16 pending in the Foreigner’s Tribunal no. 5, Kamrup (M) at Guwahati.
The petitioner filed his written statement taking the stand therein that he applied for the Voter List of 1970 but no such copy was furnished to him and accordingly, sought the liberty of the Tribunal to file additional written statement and evidence as no certified copies of the Voter List of 1965 and 1970 of Village-Fingua Pathar under Mouza-Paka in the district of Barpeta of the Sarukhetri LAC were furnished to him. However, the petitioner failed to file his additional written statement and also the evidence. The Tribunal passed an order on 23.10.2019 thereby, granting the last chance for filing the additional written statement and the evidence of the petitioner. The petitioner thereafter, filed this writ petition seeking for appropriate direction to the respondents to furnish the certified copies of the Voter Lists of the year 1965 and 1970 of the said Village-Fingua Pathar. The Deputy Commissioner, Barpeta while giving para-wise comment to Ms. M. Bhattacharjee vide letter dated 08.03.2020 made a specific statement that the Annexure 4E and Annexure 4F in the writ petition were unable to be issued as the official records of the Electoral Rolls of the year 1965 and 1970 of 53 No. Sarukhetri LAC part no. 6 are not available in the Election Branch office of the District Election Office, Barpeta.
The petitioner, on the other hand, annexed the Voter List of the year 1965 and of the year 1970 of the said village. However, the learned counsel for the petitioner is unable to name the custodian of
Page No.# 3/3
these documents. There are various modes in order to prove a document including the Voter List prescribed under the Indian Evidence Act. This Court cannot bypass the jurisdictional Foreigner’s Tribunal while giving opinion against reference made to it. There are practice/practices followed by the Tribunal under the law.
In view of the same, this writ petition is closed with a direction to the petitioner to approach the concerned Tribunal and file appropriate application upon which necessary order/orders shall be passed by the Tribunal and thereafter, proceed with the proceeding. Accordingly writ petition is disposed of. Interim order is vacated.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner can be directed to obtain Voter Lists of 1965 and 1970 directly from Respondents instead of the Foreigner's Tribunal where the jurisdictional dispute lies.
Anowar Hussain
The State of Assam
The Election Commission of India
The Chief Electoral Officer Assam
The Election Officer cum Dy. Commissioner Barpeta
The Election Officer Sarthebari
Prasanta Kumar Deka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
