Disposed

Halima Khatun v. the Union of India and 6 Ors.

Gauhati HC2 Jun 2022WP(C)/5300/2019

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition by directing the Superintendent of Police to verify if a foreigner status reference exists for the petitioner. The Electoral Registration Officer was ordered to dispose of a representation removing a 'D' mark or refer the matter to the Foreigners Tribunal within 30 days.

What did the court decide?

Directions to Superintendent of Police and Electoral Registration Officer to verify foreigner reference status and dispose of voter roll representation within specified timelines.

Halima Khatun Vs the Union of India… — Constitutional and Fundamental Rights | Gauhati HC (2022)

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GAHC010155192019

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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)/5300/2019

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HALIMA KHATUN

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D/O- LT AHMMAD ALI, W/O- MD. KASEM ALI,, R/O- VILL- BAGHMARI AND P.O. KUTHARI, P.S. JAKHALABANDHA, DIST- NAGAON, ASSAM, PIN782136

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VERSUS

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THE UNION OF INDIA AND 6 ORS.

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REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF POLITICAL AND HOME AFFAIRS, NEW DELHI

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2:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN BHABAN ASHOKA ROAD NEW DELHI- 110001

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3:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6

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4:THE CHIEF ELECTION OFFICER ASSAM HOUSEFED COMPLEX BELTOLA ROAD GHY-6

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5:THE ELECTORAL REGISTRATION OFFICER KALIABOR SUB-DIVISION DIST- NAGAON

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ASSAM

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6:THE DY. COMMISSIONER CUM DIST. ELECTION OFFICER-CUM-ELECTORAL REGISTRATION OFFICER NAGAON P.O. AND DIST- NAGAON ASSAM 7:THE SUPERINTENDENT OF POLICE (B) NAGAON P.O. NAGAON DIST- NAGAON ASSAM PIN- 78200

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Advocate for the Petitioner : MS. G BORAH

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

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 02.06.2022

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Heard Ms. G. Borah, the learned counsel for the petitioner. Also heard Mr. B. Deori, learned Government Advocate, for the respondent No.1; Mr. A. Ali, learned Standing Counsel, Election Commission of India, for the respondent Nos. 2, 4, 5 and 6 and Mr. G. Sarmah, learned counsel, for the respondent Nos. 3 and 7.

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2. The petitioner who claims to be a resident of Village Baghmari, P.O. Kuthari, P.S- Jakhlabandha, in the District of Nagaon, Assam, approached the respondent No.7 by the petitioner’s husband for removal of “D” mark against her name

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in the voter list of 2005 but the respondent no.7 could not give any appropriate reply.

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3. The learned counsel for the petitioner, thereafter, represented before the Electoral Registration Officer, Kailabor Sub-Division, Nagaon requesting for deleting “D” mark against the name of the petitioner in the Electoral Roll for the year 2005. In the Voter list of 2005, her name appeared as Halima Khatun, Husband name is Kasem Ali, House No. 146 aged about 27 years. The Secretary, Borghat Gaon Panchayat issued a certificate dated 02.07.2015 in favour of the petitioner stating that the petitioner is the daughter of Late Ahmmad Ali (father) and Mallika Banu (mother) of Vilalge Borghat and Borghat Gaon Panchayat under Samaguri Revenue Circle, District Nagaon, Assam. It is also stated in the certificate that the petitioner got married on 02.03.2001 with Kasem Ali, Son of Md. Imtaj Ali and Nasida Khatun (mother) of village Bagmari and Darbagori Gaon Panchayat under Kaliabar Revenue Cirlce, District Nagaon, Assam and since then she is staying there. The learned counsel for the petitioner submits that the Government Gaonburha of Barghat Village issued a certificate dated 22.10.2018 in favour of her stating that she is a daughter of Late Ahmmad Ali and she got married to Kasem Ali, Son of-Intaj Ali resident of Village-Baghmari, under the jurisdiction of Jakhalabandha Police Station. Inspite of that as she was not issued her Voter ID Card because of the presence of the “D” mark against her name. The application, however,

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has not been disposed of by the concerned Electoral Officer.

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4. Upon hearing the learned counsels for the parties, this writ petition is disposed of with a direction to the Superintendent of Police (Border), Nagaon (respondent no.7) to verify as to whether any reference has already been made to the concerned Foreigners Tribunal in respect of the petitioner and if such reference has already been made then the details thereof be furnished to the petitioner. If the reference is already pending before the Foreigners’ Tribunal then the petitioner will appear and present herself before the concerned Foreigners’ Tribunal. In case no reference is made, the Electoral Registration Officer, Kaliabor Sub-Division, Nagaon namely, respondent No.5 is directed to dispose of the representation upon giving the opportunity of hearing to the petitioner. If the respondent No.5 is unable to accept the contention of the petitioner then a reference be made to the concerned Foreigners’ Tribunal by the respondent Nos. 5 and 7 for an opinion as to whether the petitioner is a Doubtful Voter of not.

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5. The representation of the petitioner be disposed of within a period of Thirty (30) days from the date of receipt of certified copy of this order by respondent no.5. In the event any reference is made by the respondent no.5, then the same should be made within a further period of another 30 days from the date of disposal of the representation. The petitioner will furnish a certified copy of this order before the respondent

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nos. 5 and 7 along with a copy of the writ petition with annexures for carrying out the directions in this order.

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6. With the above observation, the writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Halima Khatun v. the Union of India and 6 Ors.

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Halima Khatun v. the Union of India and 6 Ors.

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