Disposed

Monowara Begum @ Monowara Bewa v. the Union of India and 5 Ors.

Gauhati HC5 Jun 2023WP(C)/3188/2023

Case brief

AI extract

What is this about?

In this writ petition concerning the marking of 'D' and exclusion from the draft NRC, the Gauhati High Court directed the Superintendent of Police to verify the petitioner's case and refer it to the Foreigners Tribunal for factual determination, following a prior similar order.

What did the court decide?

The petitioner referred to the Foreigners Tribunal; the petition disposed of without removing the 'D' marking directly.

Monowara Begum @ Monowara Bewa Vs the Union of India and 5 Ors. — Election Law | Gauhati HC (2023)

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Page No.# 1/4

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GAHC010116532023

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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)/3188/2023

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MONOWARA BEGUM @ MONOWARA BEWA W/O- LATE SAHANUR ALI, R/O- GOALPARA TOWN, WARD NO.7, P.S. GOALPARA, DIST.- GOALPARA, ASSAM, PIN- 783101

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VERSUS

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THE UNION OF INDIA AND 5 ORS

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REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI- 110001

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2:THE STATE OF ASSAM

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-06

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3:THE DEPUTY COMMISSIONER-CUM-DISTRICT ELECTION OFFICERCUM- ELECTORAL REGISTRATION OFFICER DIST.- GOALPARA PIN- 783101

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4:THE ELECTION COMMISSION OF INDIA NEW DELHI- 110001

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5:THE STATE ELECTION COMMISSION ASSAM GUWAHATI-06 6:THE SUPERINTENDENT OF POLICE (B) GOALPARA DISTRICT- GOALPARA PIN- 78310

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Page No.# 2/4

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Advocate for the Petitioner : MR. A M AHMED

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

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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05.06.2023

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Heard Ms. P Ghosh, learned counsel for the petitioner. Also heard Ms. NN Sharmah, learned counsel appearing for the Union of India-respondent nos. 1 whereas Shri S Baruah, learned State Counsel appears for the respondent nos. 2, 3 and 6 and Shri AI Ali, learned Standing Counsel, ECI for the respondent no.4.

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The grievance of the petitioner is the action of the authorities in marking ‘D’ against the name of the petitioner in the voter list of Village-Goalpara Town, Ward No. 7 under the Goalpara East LAC. It is the case of the petitioner that such marking was without any notice or intimation or even verification of any documents. It is the case of the petitioner that she is a permanent resident of the village Goalpara Town, Ward No. 7, PS-Goalpara. She has further claimed that she is presently residing at VillageGoalpara Town, Ward No. 3 under Goalpara East LAC in the district of Goalpara. It is the case of the petitioner that due to the action of marking ‘D’ against her name, she has been left out from the draft NRC against which she has filed a representation which has not been paid any heed to. The learned counsel for the petitioner accordingly prays for a direction for consideration of her case and direct the appropriate authority for removal of the ‘D’ from her name.

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On the other hand, learned counsel for the respondents have submitted that a procedure had been laid down to adjudicate the matter where the persons are aggrieved by marking ‘D’ against their names in the voter list and the present case can also be dealt with by the same procedure.

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Shri AI Ali, the learned Standing Counsel, ECI has placed before this Court an order dated 18.01.2022 passed by this Court in WP(C)/267/2022 by which a case of similar nature has been disposed of. By the said order, this Court had observed that the issue involved would require factual determination and the appropriate forum would be the concerned Foreigners Tribunal, as a Writ Court in exercise of its powers under Article 226 of the Constitution of India may not have adequate means and expertise to decide the questions of fact which are disputed. It was further directed that the Superintendent of Police of the concerned district would verify the case of the petitioner and thereafter refer the matter to the concerned Foreigners Tribunal which will deal with the matter in accordance with law.

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Following the aforesaid order, the present case is also disposed of by directing Superintendent of Police, Border-respondent no. 6 to examine and verify the case of the petitioner and if on such verification it is found that the case of the petitioner is yet to be referred to the concerned Foreigners Tribunal, to immediately refer the case to the concerned Tribunal which in turn would examine the claim of the petitioner.

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In view of the prayer made for removal of marking ‘D’ in the voter list from the concerned No. 37 Goalpara East LAC/voter list of 1997, Reference, if not made till now, be made within a period of 2 (two) months from the date of receipt of a certified copy of this order. Upon such reference being made, the petitioner may participate in such proceedings and establish her claim before the Tribunal.

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7. The writ petition accordingly stands disposed of.

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JUDGE

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Comparing Assistant

Monowara Begum @ Monowara Bewa v. the Union of India and 5 Ors.

Case brief

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Monowara Begum @ Monowara Bewa v. the Union of India and 5 Ors.

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