Disposed

Rup Bhanu Nessa Alias Rup Bhanu v. Union of India and 6 Others

Gauhati HC8 May 2025WP(C)/2414/2025

Case brief

AI extract

What is this about?

The petitioner sought removal of 'D' tag from voter list. Court held determination of 'D' voter status is factual and within Foreigners Tribunal jurisdiction. Court directed Superintendent of Police to verify tribunal referral status and refer case if not already referred.

What did the court decide?

Directions issued to verify and refer case to Foreigners Tribunal if not already done.

Rup Bhanu Nessa Alias Rup Bhanu Vs Union of India… — Writ and Judicial Review | Gauhati HC (2025)

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GAHC010091872025

2025:GAU-AS:5720

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/2414/2025

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RUP BHANU NESSA ALIAS RUP BHANU

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D/O LT DAROG ALI W/O ARMAN ALI R/O VILL PACHIM KANGAIRPAR PO BAGUAN PS BAGUAN DIST GOALPARA ASSAM

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VERSUS

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UNION OF INDIA AND 6 OTHERS

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REP BY THE SECRETARY TO THE GOVT OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN TILOK MARG NEW DELHI

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2:THE STATE OF ASSAM

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REP BY THE COMMISSIONER AND SECRETARY GOVT OF ASSAM POLITAL AND HOME DEPTT DISPUR GHY 6

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3:THE DISTRICT COMMISSIONER GOALPARA

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PS AND DIST GOALPARA ASSAM PIN 783101

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4:THE ELECTION OFFICER GOALPARA

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PO GOALPARA DIST GOALPARA ASSAM PN 783101

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5:THE ELECTION COMMISSIONER AND SECRERTARY GOVT OF ASSAM DISPUR GUWAHATI 6

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Page No.# 2/4

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6:THE SUPERINTENDENT OF POLOCE (B) GOALPARA PO GOALPARA DIST GOALPARA ASSAM PIN 783101

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7:THE STATE CO ORDINATOR OF NRC ASSAM HOUSEFED COMPLEX 2ND FLOOR BANPHOOL NAGAR DISPUR GUWAHATI

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Advocate for the Petitioner : , MR. A R SIKDAR,MR. S I TALUKDAR,MS M SARMA

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Advocate for the Respondent : , SC, NRC,SC, ECI,GA, ASSAM,DY.S.G.I.

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 09-05-2025

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Heard Mr. AR Sikdar, learned counsel for the petitioner. Also heard Mr. H Kuli, learned counsel appearing on behalf of Mr. AI Ali, learned counsel for the respondent Nos. 4 & 5; Mr. G Bokalial, learned counsel for the respondent Nos. 2, 3 & 6 as well as Mr. SS Roy, learned counsel for the respondent No. 1.

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2. The case of the petitioner is that the petitioner was always in the voter lists in respect of the District Goalpara, Sub-Division-Goalpara, P.S. Lakhipur, Village-311 Kangai Pachim Para, Circle-Lakhipur since 1970. However, the name of the petitioner was marked with the letter “D” in the year 2005. On approaching the concerned respondent authorities for removal of the tag “D” from his name in the voter list, an enquiry was initiated by the Superintendent of Police (B), Goalpara (respondent No. 6). The respondent No. 6 thereafter wrote a letter dated 04.07.2019 to the Election Officer, Goalpara stating that as per records available in his office, there is no record of any Foreigners Tribunal or “D” voter case against the petitioner.

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Page No.# 3/4

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3. The petitioner’s counsel submits that as the concerned authorities have failed to make any concrete findings in respect of the enquiry initiated by them, an appropriate direction be issued to the authorities so that the letter “D” which has been tagged against the name of the petitioner is removed.

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4. 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 does not have the competence to decide such a question which depends on the evidence that may be produced.

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5. 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 voter list in respect to District Goalpara, Sub-DivisionGoalpara, P.S. Lakhipur, Village-311 Kangai Pachim Para, Circle-Lakhipur to the Foreigners Tribunal, Goalpara district, for an appropriate adjudication as regards the status of the petitioner as “D” voter in the concerned voter list.

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6. 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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7. If the case of the petitioner as per the records has 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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8. With the above directions and observations, the instant writ petition stands disposed

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of.

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JUDGE

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Comparing Assistant

Rup Bhanu Nessa Alias Rup Bhanu v. Union of India and 6 Others

Case brief

What is this about?

What did the court decide?

Rup Bhanu Nessa Alias Rup Bhanu v. Union of India and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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