Dismissed

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

Gauhati HC2 May 2023WP(C)/1377/2018

Case brief

AI extract

What is this about?

The Gauhati High Court closed a writ petition filed by a petitioner declared a foreigner. The court held that since the petitioner registered under Section 6A of the Citizenship Act, 1955, she is denied voting rights for ten years from registration.

What did the court decide?

Petitioner declared not entitled to voting rights for 10 years from registration date. Writ petition closed. Return LCR.

Daliman Nessa Vs the Union of India… — Constitutional and Fundamental Rights | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010045542018

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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)/1377/2018

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DALIMAN NESSA

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W/O. MD. MOHURUDDIN, D/O. AMIR ALI, VILL. DEOTARI, P.S. MANIKPUR, DIST. BONGAIGAON, ASSAM.

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VERSUS

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THE UNION OF INDIA AND 6 ORS.

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REP. BY THE SECRETARY TO THE GOT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASHRI BHAWAN, TILOK MARG, NEW DELHI.

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

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3:THE SUPDT. OF POLICE (B) BONGAIGAON P.O. AND DIST. BONGAIGAON ASSAM

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4:THE DY. COMMISSIONER BONGAIGAON JP.O. AND DIST. BONGAIGAON ASSAM

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5:THE ELECTION COMMISSION OF INDIA NEW DELHI.

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6:THE ASSAM STATE CO-ORDINATOR OF NRC BHANGAGARH GUWAHATI

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Page No.# 2/3

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7:THE FOREIGNER TRIBUNAL NO.1 BONGAIGAON P.O. AND DIST. BONGAIGAON ASSAM

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Advocate for the Petitioner : MR. A R SIKDAR

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

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BEFORE HON’BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON’BLE MR. JUSTICE ROBIN PHUKAN

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02.05.2023

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(AM Bujor Barua, J)

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Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Ms. L. Devi, learned CGC for the respondents in the Union of India as well as the authorities under the NRC, Mr. A.I. Ali, learned counsel for the authorities under the Election Commission of India, Mr. G. Sarma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam as well as Superintendent of Police (Border), Bongaigaon and Mr. N.K. Das, learned Government Advocate for the Deputy Commissioner, Bongaigaon.

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The petitioner, Daliman Nessa was referred to the Foreigners Tribunal No.1, Bongaigaon resulting in registration of BNGN/FT/Case No.1213/2007. The learned Tribunal rendered an opinion dated 07.12.2015 declaring the petitioner to be a foreigner belonging to the 01.01.1966 to 25.03.1971 stream.

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Aggrieved by the conclusions that she is declared to be a person who had entered the State of Assam from the specified territory after 01.01.1966 and before 25.03.1971, the present writ petition is instituted.

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It is stated by Mr. A.R. Sikdar, learned counsel for the petitioner that on

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22.09.2017 the petitioner got herself registered with the Foreigners Regional Registering Authority at Bongaigaon.

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Inasmuch as the petitioner had already got herself registered, the petitioner is presently of the view that no further adjudication is required and that she is content with the declaration that she is a person who had entered the State of Assam between 01.01.1966 and 25.03.1971.

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As the petitioner had already registered herself on 22.09.2017, as provided under Section 6A of the Citizenship Act, 1955, it is, accordingly, declared that the petitioner would not be entitled to the voting right for a period of 10(ten) years commensurating from 22.09.2017, meaning thereby, that on and after 23.09.2027, the petitioner could be restored with such rights. Petitioner would be entitled to other rights as provided under the law. Hence, no further adjudication is required.

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Writ petition is, accordingly, closed.

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Send back the LCR immediately.

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JUDGE JUDGE

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Comparing Assistant

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

Case brief

What is this about?

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

Case brief

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