Disposed

Sandhya Rani Shill v. the State of Assam and 6 Ors.

Gauhati HC4 Apr 2022WP(C)/1978/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition at the motion stage, directing the Superintendent of Police (Border), Barpeta, to verify the petitioner's 'D Voter' status. Pending verification, the petitioner is to be referred to a Foreigners Tribunal if she approaches, after she submits documents proving her Indian citizenship lineage.

What did the court decide?

Direction to Superintendent of Police (Border), Barpeta to verify petitioner's 'D Voter' status; to refer petitioner to Foreigners Tribunal upon her approach after verification.

Sandhya Rani Shill Vs the State of Assam and 6 Ors. — Election Law | Gauhati HC (2022)

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GAHC010052082022

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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)/1978/2022

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SANDHYA RANI SHILL

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D/O- NRIPENDRA NATH SHILL, R/O- VILLAGE MAHAMMADPUR, P.OKADONG, P.S AND DIST- BARPETA, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 6 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE DEPUTY COMMISSIONER P.O AND DIST-BARPETA ASSAM

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3:THE ELECTION OFFICER P.O AND DIST-BARPETA ASSAM

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4:THE SUPERINTENDENT OF POLICE (B) P.O AND DIST-BARPETA ASSAM

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5:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS ASSAM 1ST FLOOR ACHYUT PLAZA G.S ROD. BHANGAGARH GUWAHATI-05 DIST- KAMRUP (M)

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6:THE ELECTION COMMISSION OF INDIA NEW DELHI-0

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Advocate for the Petitioner : MR. A R SIKDAR Advocate for the Respondent : ASSTT.S.G.I.

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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O R D E R

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04-04-2022

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Heard Mr. A. R. Sikdar, learned counsel for the petitioner and Ms. M. Barman, learned Government Advocate, Assam for the respondent Nos. 1, 2 and 4. Also heard Mr. M. A. I. Ali, learned counsel for the respondent Nos. 3 and 6 as well as Ms. L. Devi, learned counsel for the respondent No.5.

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Petitioner stated that she was born and brought up at village -Mahammadpur under Baghbar Police Station in the district of Barpeta, Assam. Name of her parents Nripendra Nath Shil and Padyarani Shill and her grandparents namely Muchiram Shil and Haridashi Shill were enlisted in the Voter’s Lists of the year 1966 and in the year 1970 along with her grandparents under No.52 Baghbar Legislative Assembly Constituency. Petitioner’s name along with her parents Nripendra Nath Shill and Padyarani Shill were enlisted in the voter’s lists of 1989 and 1990 for same Baghbar Constituency at Srl. No.471, 472 and 475.

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Similarly, in the voters lists of 1993 and 1997 her name appeared along with her parents at Srl. No.345, 346, 348 and 527, 528 and 531 respectively. After the death of her father in the year 1997, her name was enlisted in the Voter’s lists of 2005, 2010, 2015, 2018 and 2022, but she was shown as “Doubtful Voter” in those voters’ lists wherein her name has been recorded as Sandhyarani Shill, daughter of Nripendra Nath Shill under Mahammadpur of 44 Jania Legislative Assembly Constituency. Being aggrieved with the same, the petitioner has preferred this writ petition for a direction to the respondents to remove her name as “D Voter” category from the Voter List/Electoral Roll of said No. 44, Jania Legislative Assembly Constituency.

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The petitioner has also brought to the notice of the Court that the Superintendent of Police, Border, Barpeta by its communication No. BPTA/B/19/53/4C dated 18.01.2019, informed the Election Officer of 44, Jania Legislative Assembly Constituency of Barpeta district that no such Foreigners’ Tribunal and/or “D Voter’’ case has been initiated against the name

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of the petitioner of Mahammadpur, P.S.- Barpeta, District – Barpeta, Assam.

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The Superintendent of Police, Border, Barpeta by the said communication dated 18.01.2019 informed that the Election Officer of 44, Jania Legislative Assembly Constituency indicated that a case of “doubtful voter” is pending against one Kanchan Rani Sil, wife of Narayan Sil, member of the petitioner’s family.

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As the petitioner stated that she is having all the relevant documents to establish her lineage from her parents and grandparents to be an Indian Citizen, after hearing the learned counsels for the parties and as agreed by them, this writ petition is disposed of at the motion stage itself directing the Superintendent of Police (Border), Barpeta to make due and necessary verification about the case of the petitioner regarding his “D Voter’’ status in the Electoral Roll of said 44, Jania LAC and after such verification, if required shall refer the petitioner, on her approach, to the concerned Foreigners Tribunal in order to examine the various documents to be submitted by the petitioner and to give appropriate opinion by the concerned Tribunal in that regard.

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Petitioner shall submit a certified copy of this order before the Superintendent of Police (Border), Barpeta along with a representation for that purpose.

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With the above observation and direction this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Sandhya Rani Shill v. the State of Assam and 6 Ors.

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Sandhya Rani Shill v. the State of Assam and 6 Ors.

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