Amanul Islam Vs the Union of India and 5 Ors. — Writ and Judicial Review | Gauhati HC (2025)

Amanul Islam Vs the Union of India and 5 Ors. — Writ and Judicial Review | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to respondent No.6, Superintendent of Police (Border), Nagaon: (i) to verify whether the petitioner has already been referred to the concerned Foreigners Tribunal; (ii) if not, to refer the case regarding the “D” mark (1997 voters list, Sl. 647 of 85 No. Rupahihat LAC, Part No.70) and “D 786” mark (2024 voters list, 56 No. Rupahihat LAC, Part No.76) to a competent Foreigners Tribunal, Nagaon district within 2 (two) months of receipt of a certified copy of the order; (iii) if already referred, to communicate detailed information of the earlier reference to the petitioner.

Issue for consideration

Whether the letter “D” tagged to the petitioner's name in the voters lists should be removed. +1 more

Court's answer

The respondent No.6, Superintendent of Police (Border), Nagaon, is directed to verify whether the petitioner has already been referred to the concerned Foreigners Tribunal, and if not, to refer the petitioner's case regarding the mark “D” (1997 voters list, Sl. 647 of 85 No. Rupahihat LAC, Part No.70) and the mark “D 786” (2024 voters list, 56 No. Rupahihat LAC, Part No.76) to a competent Foreigners Tribunal, Nagaon 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 for the concerned Foreigners Tribunal; the High Court, in exercise of its powers under Article 226, lacks competence to decide a question which depends on the evidence that may be produced.

Key takeaways

The reference is to be made within two months from the date of receipt of a certified copy of the order; upon such reference, the petitioner may participate in the proceedings.ratio¶¶25
If the petitioner's case has already been referred to the relevant Foreigners Tribunal as per records, no further reference is required, and detailed information of the earlier reference is to be communicated to the petitioner.ratio¶¶26

Detailed headnote1 paragraphs

Gauhati High Court (Michael Zothankhuma, J.; order dated 16.07.2025 in WP(C)/3894/2025) disposed of a writ petition under Article 226 of the Constitution of India filed by a voter whose name carried the mark “D” in the 1997 voters list (Sl. 647 of 85 No. Rupahihat LAC, Part No.70) and the mark “D 786” in the 2024 voters list (56 No. Rupahihat LAC, Part No.76), the authorities having failed to remove the tag. Held that whether a person is a D voter is a matter of factual determination and the appropriate forum is the concerned Foreigners Tribunal; the High Court under Article 226 lacks competence to decide a question dependent on evidence to be produced. The Court directed the Superintendent of Police (Border), Nagaon (respondent No.6) to verify whether the petitioner had already been referred to a Foreigners Tribunal and, if not, to refer the case to a competent Foreigners Tribunal, Nagaon district, within 2 (two) months of receipt of a certified copy of the order, the petitioner being entitled to participate in the proceedings; if already referred, no fresh reference was needed and details of the earlier reference were to be communicated to the petitioner. Writ petition disposed of.

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GAHC010135452025

2025:GAU-AS:9136

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

Case No. : WP(C)/3894/2025

AMANUL ISLAM S/O LATE JAHURUL ISLAM, R/O BORPETA, P.S.- RUPAHI HAT, DISTNAGAON, ASSAM

VERSUS

THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI-1

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

3:THE DISTRICT COMMISSIONER NAGAON P.O. AND DIST- NAGAON ASSAM PIN-782001 4:THE ELECTION COMMISSION OF INDIA NEW DELHI-01

5:THE ELECTION OFFICER NAGAON P.O. AND DIST- NAGAON ASSAM PIN-782001

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6:SUPERINTENDENT OF POLICE (BORDER) NAGAON P.O. AND DIST- NAGAON ASSAM PIN-78200

Advocate for the Petitioner : MR. A R SIKDAR, J A SIKDAR,MR. S I TALUKDAR

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

BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

ORDER

16.07.2025

Heard Mr. S.I. Talukdar, 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 Nos. 4 & 5. Mr. K. Gogoi, learned counsel appears for the respondent No. 1, while Mr. G. Bokalial, learned counsel appears for the respondent Nos.3.

The case of the petitioner is that in the voters lists of 1997 and 2024, 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 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.

In the circumstances, this Court therefore directs the respondent No.6, i.e., the Superintendent of Police (Border), Nagaon 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 of 1997 in respect to Sl. 647 of 85 No. Rupahihat LAC, Part No.70 and as regards the mark “D 786” in the voters list of 2024 in respect to 56 No. Rupahihat LAC, Part No.76, to a competent Foreigners Tribunal, Nagaon district for an appropriate adjudication as regards the status of the petitioner as “D” voter in the concerned voters lists.

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