Disposed

Nurun Nessa @ Narun Nessa v. the Union of India and 5 Ors.

Gauhati HC8 Feb 2024WP(C)/628/2024

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought removal of the 'D' tag from his voters list. The Court held that voter 'D' status is a factual matter for Foreigners Tribunal, not the High Court. It directed the Superintendent of Police to verify referral status and refer the case to the Foreigners Tribunal if not already done.

What did the court decide?

The petitioner was directed to be referred to a competent Foreigners Tribunal for adjudication of his 'D' voter status.

Nurun Nessa @ Narun Nessa Vs the Union of India and 5 Ors. — Election Law | Gauhati HC (2024)

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GAHC010007002024

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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)/628/2024

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NURUN NESSA @ NARUN NESSA

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W/O- LATE ROBIUL HUSSAIN @ RABIOR ALI, D/O- NUR MAHAMMAD ALI, VILL- DHUPDHARA, P.O. AND P.S. RANGJULI, DIST.- GOALPARA, ASSAM, PIN- 783123

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VERSUS

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THE UNION OF INDIA AND 5 ORS

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REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI-1

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2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY ITS SECRETARY NIRVACHAN BHAWAN

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NEW DELHI-1

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3:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6

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4:THE STATE COORDINATOR OF NRC ASSAM BHANGAGARH GUWAHATI-05

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5:THE DEPUTY COMMISSIONER CUM DISTRICT ELECTION OFFICER GOALPARA ASSAM PIN- 783101

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6:THE SUPERINTENDENT OF POLICE (B) GOALPARA ASSAM PIN- 78310

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Advocate for the Petitioner : MR. M ALI

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

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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09.02.2024

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Heard Mr. R. Islam, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned counsel for respondent Nos.1 and 5, Mr. A.I. Ali, learned counsel for respondent No.2 and Mr. J. Payeng, learned counsel for the respondent Nos.3 and 6.

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The case of the petitioner is that in the voters list of 1997, the name of the petitioner was marked with the letter “D” and thereupon the petitioner has approached the concerned respondent authorities for removal of the tag “D” in his name from the voters list.

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As the concerned respondent authorities had failed to do so, the petitioner is before this Court under Article 226 of the Constitution of India for an appropriate direction that the letter “D” tagged with the name of the petitioner in the voters list be removed.

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Whether a person is a D voter or not is a matter of factual determination and the appropriate forum to do the same is the concerned Foreigners Tribunal. This Court in exercise of its powers under Article 226 of the Constitution of India would not have the competence to decide such a question which depends on the evidence that may be produced.

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In the circumstances, this Court therefore directs the respondent No.6 i.e., the Superintendent of Police (Border), Goalpara to verify as to whether the petitioner has already been referred to the concerned Foreigners Tribunal and if upon verification it is found that the petitioner has not been referred to the concerned Foreigners Tribunal, this Court further directs the said respondent No.6 to refer the case of the petitioner as regards the mark “D” in the voters list in respect to 36 No. Dudhnoi (ST) LAC to a competent Foreigners Tribunal, Goalpara district for an appropriate adjudication as regards the status of the petitioner as “D” voter in the concerned voters list.

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Reference 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 case.

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If the case of the petitioner as per the records had already been referred to the relevant Foreigners Tribunal there would be no requirement to make any further reference and the detailed information of the earlier reference be communicated to the petitioner.

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With the above directions and observations, the instant writ petition stands

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disposed of.

JUDGE

Comparing Assistant

Nurun Nessa @ Narun Nessa v. the Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

Nurun Nessa @ Narun Nessa v. the Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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