Disposed

Hazrat Ali and 2 Ors. v. the Union of India and 7 Ors.

Gauhati HC8 Dec 2021WP(C)/5612/2019

Case brief

AI extract

What is this about?

Petitioners challenged a 'D' tag in their voter list. The Court disposed of the writ petition by directing the Superintendent of Police to refer the petitioners to the concerned Foreigner Tribunal for examination of documents and opinion.

What did the court decide?

The petitioner to be referred to the concerned Foreigner Tribunal for examination of documents and passing appropriate opinion.

Hazrat Ali and 2 Ors. Vs the Union of India and 7 Ors. — Election Law | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010188342019

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

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WP(C)/5612/2019

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HAZRAT ALI AND 2 ORS. S/O- LT BASIRUDDIN VILL- KRISHNAI GURIA- PT-I P.S. KARISHNAI DIST- GOALPARA PIN- 783126 2: TARABHANU BIBI W/O- HAZRAT ALI VILL- KRISHNAI GURIA- PT-I P.S. KARISHNAI DIST- GOALPARA PIN- 783126 3: JOYDAR ALI S/O- HAZRAT ALI VILL- KRISHNAI GURIA- PT-I P.S. KARISHNAI DIST- GOALPARA PIN- 783126 VERSUS THE UNION OF INDIA AND 7 ORS. REP. BY THE SECY. TO THE GOVT. OF INDIA DEPTT. OF HOME NEW DELHI-1 2:THE STATE OF ASSAM REP. BY THE SECY. TO THE GOVT. OF ASSAM DEPTT. OF HOME DISPUR GHY-6 3:THE DY. COMMISSIONER GOALPARA

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Page No.# 2/3

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PIN- 783101 4:THE SUPERINTENDENT OF POLICE (B) GOALPARA PIN- 783101 5:THE ELECTION COMMISSION GOVT. OF INDIA NEW DELHI-1 6:THE STATE CO-ORDINATOR OF NATIONAL REGISTRATION (NRC) ASSAM GHY-32 7:THE ELECTORAL REGISTRATION OFFICER GOALPARA- 783101 8:THE FOREIGNERS TRIBUNAL NO.7 GOALPARA REP. BY THE STANDING COUNSEL OF THE TRIBUNAL PIN- 783101 -----------Advocate for : MR. A ROSHID Advocate for : ASSTT.S.G.I. (R1) appearing for THE UNION OF INDIA AND 7 ORS.

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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08.12.2021

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Heard Ms. T. Begum, learned counsel appearing on behalf of Mr. A. Rashid, learned counsel for the petitioners; Ms. L. Devi, learned Standing Counsel, NRC for the respondent nos. 1 and 6; Mr. G. Sarma, learned Standing Counsel, Foreigners Tribunal for the respondent nos. 2, 4 and 8; and Mr. A.I. Ali, learned counsel appearing for the respondent nos. 5 and 7.

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The petitioners are aggrieved because of the tag ‘D’ mentioned against their names in the voter list of 2015 onwards in respect of No. 36 Dudhnoi [ST] Legislative Assembly Constituency for Village – Krishnai Guria Part-I, PIN – 783126, District – Goalpara. It is the contention of Ms. Begum that the petitioners are possessing all the necessary documents to establish their lineage from their parents who are Indian citizens.

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Mr. Ali has submitted that the writ petition can be disposed of by a similar kind of order, as has been passed in a similar writ petition, W.P.(C) no. 8961/2019.

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In view of the same, this writ petition, at this stage as consented by Mr. Ali, stands disposed of thereby directing the Superintendent of Police [B], Goalpara who after due verification, if necessary, to refer the petitioners on their approach, to the concerned Foreigner Tribunal in order to examine the various documents to be submitted by the petitioners and pass appropriate opinion in that regard.

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Accordingly, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Hazrat Ali and 2 Ors. v. the Union of India and 7 Ors.

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Hazrat Ali and 2 Ors. v. the Union of India and 7 Ors.

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