Disposed

Ashini Sarkar v. the Union of India and 5 Ors.

Gauhati HC2 Sept 2025WP(C)/3325/2025

Case brief

AI extract

What is this about?

Petitioner challenged the "D" mark against his name in the 2020 voter list placed without notice or opportunity of being heard. The court found the action arbitrary and directed the Superintendent of Police to refer the matter to the Foreigners Tribunal for adjudication if not already done, within two months.

What did the court decide?

Directed respondent No. 5 to verify and, if not already referred, refer the petitioner to the Foreigners Tribunal for adjudication of his "D" voter status within two months.

Ashini Sarkar Vs the Union of India… — Constitutional and Fundamental Rights | Gauhati HC (2025)

Page No.# 1/5

GAHC010128742025

2025:GAU-AS:11927

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

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Case No. : WP(C)/3325/2025

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ASHINI SARKAR

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S/O- LATE ADHIR SARKAR, R/O- VILL.- FALFALI, P.O. CHARIALI, PIN784176, P.S. BISWANATH CHARIALI, DIST. BISWANATH, ASSAM

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VERSUS

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THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI.

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2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-01.

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3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-06.

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4:THE DISTRICT COMMISSIONER BISWANATH DIST. BISWANATH ASSAM PIN- 784176.

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5:THE SUPERINTENDENT OF POLICE (B) BISWANATH DIST. BISWANATH

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Page No.# 2/5

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ASSAM PIN- 784176. 6:THE ELECTION OFFICER BISWANATH DIST. BISWANATH ASSAM PIN- 784176

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Advocate for the Petitioner : MR. P BORDOLOI, MR. R K MAHANTA

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

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Page No.# 3/5

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BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

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Date : 03.09.2025

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Heard Mr. P. Bordoloi, learned counsel for the petitioner. Also heard Mr. J. Payeng, learned counsel for the respondent Nos. 3 & 5.

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2. Claiming to be wrongly marked as “D” voter after the voter list of 2007 including in the voter-list of 2020, in Sl. No. 102 against House No. 17, Sokura (Kakila Pather) in the District of Sonitpur (now Biswanath), Assam, under No. 78 Gohpur Legislative Assembly Constituency, this writ petition is filed.

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3. Having considered that similar matter has been disposed of by this Court and as agreed to by the learned counsel for the parties, this writ petition is disposed of at the Admission Stage.

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4. The petitioner claims that he was born to Late Adhir Sarkar and late Bindubasoni Sarkar in the year 1964. The name of his grandfather is Late Sarat Chandra Sarkar of Village-Sokura No. 2 under the jurisdiction of Gohpur Police Station in the District of Sonitpur (now Biswanath), Assam.

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5. It is contended by the petitioner that he has 2 (two) brothers, namely, Adhiram Sarkar and Khudiram Sarkar and one sister Jyushna Sarkar, who along with other family members are enjoying the electoral franchise till date. The petitioner stated that his name appeared in the voter-list of 1985 vide Sl. No. 714 against Section No. 3-Sakura under Mouza-Gohpur in the District of Sonitpur (now Biswanath), Assam, under No. 78 Gohpur Legislative Assembly Constituency and the subsequent,

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voter-lists including the voter-list of 2007, vide Sl. No. 84 under the No. 78 Gohpur Legislative Assembly Constituency under Mouza-Gohpur in the District of Sonitpur (now Biswanath), Assam. However, the authority has put “D” mark in the voter-list of the year 2020 against his name, without any reason and notice to the petitioner.

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6. Mr. P. Bordoloi, learned counsel for the petitioner submits that since the name of the petitioner is found recorded in the voter list of 2020 and marked as “D” voter, without any spot verification and providing him an opportunity of being heard to demonstrate that he is not a foreigner, the action of the respondent authority is arbitrary and illegal.

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7. The learned counsel for the respondents have fairly submitted that in the present case, it appears that the petitioner has not been provided any opportunity of being heard and no due procedure of law appears to have been followed. Therefore, it would be appropriate to refer the matter to the appropriate authority for verification as to whether the petitioner is a citizen of India or not.

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8. Having considered the submissions of the learned counsel for the parties and after perusing the materials available on record, it is noticed that the “D” mark has been put against the petitioner in the voter list of 2020 without providing any opportunity of being heard to the petitioner.

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9. In that view of the matter, I am of the considered view that it would be appropriate that the matter be referred to the appropriate authority.

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10. Accordingly, it is directed that the Superintendent of Police (Border),

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Page No.# 5/5

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Biswanath, Assam, i.e. the respondent No. 5, shall verify as to whether the petitioner has already been referred to the concerned Foreigners Tribunal for adjudication and upon verification, if it is found that the petitioner has not been referred to the Foreigners Tribunal, the respondent No. 5 shall refer the case to the concerned Foreigners Tribunal after proper verification, pertaining to the status of “D” voter against his name at Sl. No. 102, House No. 17, Village Sokura (Kakila Pather) in the District of Sonitpur (now Biswanath), Assam, under No. 78 Gohpur Legislative Assembly Constituency.

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11. It is directed that the above exercise shall be done within a period of 2 (two) months from the date of receipt of the certified copy of this order. The petitioner is directed to participate in the adjudication as directed, hereinabove.

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12. Writ petition is disposed of in terms of the above direction.

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JUDGE

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Comparing Assistant

Ashini Sarkar v. the Union of India and 5 Ors.

Case brief

What is this about?

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Ashini Sarkar v. the Union of India and 5 Ors.

Case brief

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