Disposed

Hasmat Ali Khan v. the Union of India and 6 Ors.

Gauhati HC7 Aug 2025WP(C)/4436/2025

Case brief

AI extract

What is this about?

The court held that determining 'D' voter status is a factual matter for Foreigners Tribunals, not this Court. It directed the Superintendent of Police to verify if the petitioner was already referred to a Tribunal, and if not, to refer the matter for adjudication.

What did the court decide?

Directions issued to Superintendent of Police (Border) to verify referral status or refer petitioner's 'D' voter tag case to Foreigners Tribunal.

Hasmat Ali Khan Vs the Union of India and 6 Ors. — Election Law | Gauhati HC (2025)

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GAHC010168432025

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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)/4436/2025

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HASMAT ALI KHAN

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S/O RAHIM KHAN @ ABDUL RAHIM KHA, R/O VILL- PURBA LUWASHUR, P.S.- PATACHARKUCHI, P.O.- MAJGAON, DIST- BAJAALI, PIN-781313

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VERSUS

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THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001

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2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001

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3:THE STATE OF ASSAM REPRESENTED BY ITS SECRETARY GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-781006

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4:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM 1ST FLOOR ACHYUT PLAZA G.S. ROAD BHANGAGARH GUWAHATI-781005

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Page No.# 2/4

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5:THE DISTRICT COMMISSIONER BAJALI DIST- BAJALI ASSAM PIN-781325 6:THE SUPERINTENDENT OF POLICE (BORDER) BAJALI DIST- BAJALI ASSAM PIN-781325 7:THE OFFICER-IN-CHARGE (BORDER) PATACHARKUCHI POLICE STATION BAJALI DIST- BAJALI ASSAM PIN-78132

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F or the petitioner (s) : Mr. I. Ahmed, Advocate

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For the respondent (s) : Mr. H. Kuli, SC, ECI Mr. G. Sarma, Advocate Mr. G. Bokolial, Govt. Advocate

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BEFORE

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HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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Date of Hearing : 08.08.2025 Date of Judgment : 08.08.2025

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JUDGMENT AND ORDER (ORAL)

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Heard Mr. I Ahmed, the learned counsel appearing on

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behalf of the petitioner. Mr. H. Kuli, the learned counsel appears

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on behalf of the respondent No.2; Mr. G. Sarma, the learned counsel appears on behalf of the respondent Nos.3, 4, 6 & 7 and

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Mr. G. Bokolial, the learned Government Advocate appears on behalf of the respondent No.5.

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The case of the petitioner herein is in the voters list of 2014, 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 lists. 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), Bajali 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

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Page No.# 4/4

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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 41 No. Bhabanipur LAC to a competent Foreigners Tribunal, Bajali 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 his 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 disposed of.

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JUDGE

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Comparing Assistant

Hasmat Ali Khan v. the Union of India and 6 Ors.

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Hasmat Ali Khan v. the Union of India and 6 Ors.

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