Disposed

Surjan Nessa v. the Union of India and 6 Ors.

Gauhati HC27 Apr 2022WP(C)/2444/2022

Case brief

AI extract

What is this about?

Writ petition seeking removal of 'D' Voter status from electoral roll. Court disposed of motion directing petitioner to submit fresh representation to Deputy Commissioner Nagaon with documents and directing authority to verify status and refer to Foreigners Tribunal if required.

What did the court decide?

Petitioner directed to submit fresh representation to Deputy Commissioner, Nagaon, with certified copy of order and relevant documents; authority directed to verify status and refer to Foreigners Trib

Surjan Nessa Vs the Union of India and 6 Ors. — Election Law | Gauhati HC (2022)

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GAHC010066502022

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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)/2444/2022

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SURJAN NESSA

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D/O. LT. HASHUN ALI @ LATE HASON ALI, W/O. HASEN ALI, VILL. MAHERIPAR, P.S. JURIA, P.O. KALIA DINGA, DIST. NAGAON, ASSAM782128.

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VERSUS

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THE UNION OF INDIA AND 6 ORS

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REP. BY ITS SECRETARY, DEPTT. OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI-01.

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2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. DEPTT. OF HOME DISPUR GUWAHATI-06 ASSAM.

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3:THE CHIEF ELECTORAL OFFICER

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ASSAM DISPUR GUWAHATI-06.

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4:THE STATE CO-ORDINATOR

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NATIONAL REGISTRAR OF CITIZEN ASSAM BHANGAGARH GUWAHATI-05.

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5:THE ELECTION COMMISSION OF INDIA

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NIRVACHAN SADAN ASOKA ROAD NEW DELHI-01.

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6:THE DEPUTY COMMISSIONER CUM DIST. ELECTION OFFICER NAGAON ASSAM PIN-782001.

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7:THE SUPDT. OF POLICE (B) NAGAON ASSAM PIN-782001

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Advocate for the Petitioner : MR. M S ALAM Advocate for the Respondent : ASSTT.S.G.I.

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER

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27-04-2022

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Heard Mr. S. Alom, learned counsel for the petitioner.

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No representation on behalf of the respondent No. 1 on call. Heard Ms. S. Sarma, learned Government Advocate, Assam for the respondent Nos. 2, 6 & 7; Mr. A. Bhuyan, learned Standing counsel, Election Commission of India for the respondent Nos. 3 & 5 and Ms. L. Devi, learned Standing counsel, NRC for the respondent No. 4.

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Petitioner stated that she was born and brought up at Village - Mahari Par under Juria Police Station in the district of Nagaon, Assam. Names of her father Late Hashun Ali and mother Late Jamila Khatun were enlisted in the Voters List of 1965 year vide Voter Sl. Nos. 129 & 130 respectively under Rupahihat Legislative Assembly Constituency and in the year 1970 vide Voter Sl. Nos. 124 & 125 respectively under 87 No. Rupahihat Legislative Assembly Constituency. Similarly, in the Voter list of 1977, names of her parents appeared vide Voter Sl. Nos. 280 & 281 respectively under 85 No. Rupahihat Legislative Assembly Constituency.

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It is also stated that after attaining the age of majority, petitioner was married to one Hasen Ali and since then, she has been residing in her matrimonial house with her husband. However, the name of the petitioner along with the name of her husband appeared in the Voter list of 1997 for the first time under No. 85 Rupahihat Legislative Assembly Constituency, but she was shown as ‘D’ Voter in the

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said Voters list.

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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 1997 under No. 85 Rupahihat Legislative Assembly Constituency.

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The petitioner has also brought to the notice of the Court that she submitted a representation before the Deputy Commissioner, Nagaon on 17.01.2022 praying for finding out the case number/reference of “doubtful voter” if any, is pending against her, wherein she stated that she submitted various representations before the office concerned to find out the case number/ reference pending against her as doubtful voter to which the office concerned informed her that no such case of doubtful voter is pending against her in any Court.

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As the petitioner stated that she is having all the relevant documents to establish her linkage from her parents and grandparents to be an Indian Citizen, after hearing the learned counsels for the parties and considering the entire aspect of the matter, this writ petition is disposed of at the motion stage itself directing the petitioner to submit a fresh representation before the Deputy Commissioner, Nagaon along with a certified copy of this order including all the relevant documents with her proper address, e-mail ID, phone/mobile number etc. for requisite communication obtaining necessary acknowledgment from the authority concerned.

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In the event of filing such representation by the petitioner, the respondent authority, more particularly, the Deputy Commissioner, Nagaon is directed to dispose of the said representation intimating her about the outcome of the same after making due and necessary verification about the case of the petitioner regarding her “D Voter’’ status in the Electoral Roll of said 85 Rupahihat Legislative Assembly Constituency and after such verification, if required, shall refer the petitioner, on her approach, to the concerned Foreigners Tribunal, following the relevant procedure 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, in accordance with law.

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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

Surjan Nessa v. the Union of India and 6 Ors.

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Surjan Nessa v. the Union of India and 6 Ors.

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