Piar Ullah Sheikh Vs the Union of India and 6 Ors. — Writ and Judicial Review | Gauhati HC (2025)

Piar Ullah Sheikh Vs the Union of India and 6 Ors. — Writ and Judicial Review | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No.6, the Superintendent of Police (Border), Goalpara, to verify whether the petitioner has already been referred to the concerned Foreigners Tribunal and, if not, to refer the case regarding the mark “D 492” in the voters list of 39 No. Jaleswar LAC, Village 122 Folimari, to a competent Foreigners Tribunal, Goalpara district, within 2 (two) months of receipt of a certified copy of the order; if already referred, the detailed information of the earlier reference is to be communicated to the petitioner.

Issue for consideration

Whether the letter/tag “D” marked against the petitioner's name in the voters list should be removed. +1 more

Court's answer

The Court directed respondent No.6, i.e., the Superintendent of Police (Border), Goalpara, to verify whether the petitioner has already been referred to the concerned Foreigners Tribunal, and if not, to refer the case of the petitioner as regards the mark “D 492” in the voters list in respect of 39 No. Jaleswar LAC, Village 122 Folimari, to a competent Foreigners Tribunal, Goalpara district, for adjudication of the petitioner's status as a “D” voter.

Ratio / Principle

Whether a person is a D voter is a matter of factual determination, and the appropriate forum 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.

Key takeaways

The reference to the Foreigners Tribunal is to be made within a period of 2 (two) months from the date of receipt of a certified copy of the order; upon such reference, the petitioner may participate in the proceedings and establish her case.ratio¶31
If the petitioner's case had already been referred to the relevant Foreigners Tribunal as per the records, no further reference is required, and the detailed information of the earlier reference is to be communicated to the petitioner.ratio¶32

Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Mr. Justice Michael Zothankhuma), order dated 16.07.2025 in WP(C)/3893/2025 — The petitioner, whose name was marked with the letter “D” in the voters list of 1997, sought a direction under Article 226 of the Constitution of India for removal of the tag “D”, the respondent authorities having failed to act on his request. The Court held that whether a person is a “D” voter is a matter of factual determination for the concerned Foreigners Tribunal and that the High Court, in exercise of its powers under Article 226, would not have the competence to decide such a question, which depends on the evidence that may be produced. The Court accordingly directed respondent No.6, the Superintendent of Police (Border), Goalpara, to verify whether the petitioner had already been referred to the Foreigners Tribunal and, if not, to refer the case as regards the mark “D 492” in the voters list in respect of 39 No. Jaleswar LAC, Village 122 Folimari, to a competent Foreigners Tribunal, Goalpara district, within 2 (two) months of receipt of a certified copy of the order; upon such reference the petitioner may participate in the proceedings and establish her case. If the case had already been referred, no further reference was required and the detailed information of the earlier reference was to be communicated to the petitioner. With these directions and observations, the writ petition stood disposed of.

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GAHC010144312025

2025:GAU-AS:9135

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

Case No. : WP(C)/3893/2025

PIAR ULLAH SHEIKH

S/O- KHOKA SHEIKH, VILL- FOLIMARI, P.O.- LAKHIPUR, P.S- LAKHIPUR, DIST- GOALPARA, ASSAM, PIN- 783129

VERSUS

THE UNION OF INDIA AND 6 ORS.

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

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

3:THE ELECTION COMMISSION OF INDIA NEW DELHI-1

4:THE STATE COORDINATOR OF NRC ASSAM DISPUR GUWAHATI-6

5:THE DISTRICT COMMISSIONER GOALPARA ASSAM PIN-783121

6:THE SUPERINTENDENT OF POLICE (B) GOALPARA

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ASSAM PIN-783121

7:THE OFFICER IN CHARGE LAKHIPUR POLICE STATION DIST- GOALPARA ASSAM PIN-78312

Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,N. UDDIN,MR. R ISLAM,MS. P AHMED

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

BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

ORDER

16.07.2025

Heard Mr. N. Uddin, learned counsel for the petitioner. Also heard Ms. S. Doley appearing on behalf of Mr. J. Payeng, learned counsel for the respondent Nos.2 & 6; Mr. H Kulli, appearing on behalf of Mr. A.I. Ali, learned counsel for the respondent No. 3. Mr. K. Gogoi, learned counsel appears for the respondent No. 1, while Mr. G. Bokalial, learned counsel appears for the respondent Nos.5 & 7.

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.

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

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appropriate direction that the letter “D” tagged with the name of the petitioner in the voters list be removed.

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.

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 492” in the voters list in respect to 39 No. Jaleswar LAC, Village 122 Folimari, 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.

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.

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

disposed of.

JUDGE

Comparing Assistant