Disposed

Jamela Khatun and 4 Ors. v. the Union of India and 8 Ors.

Gauhati HC7 Aug 2025WP(C)/4437/2025

Case brief

AI extract

What is this about?

Petitioners marked as 'D' voters in the 2005 voters list sought removal of the tag. The Court held that 'D' voter status requires factual determination before a Foreigners Tribunal and directed the SP (Border) to verify and refer the matter to the Foreigners Tribunal within two months.

What the court decided

AI extract

Jamela Khatun and 4 Ors. Vs the Union of India and 8 Ors. — Election Law | Gauhati HC (2025)

Page No.# 1/5

GAHC010169762025

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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)/4437/2025

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JAMELA KHATUN AND 4 ORS. W/O LATE BANU MONDAL, VILL- AOLATOLI (SIMUL BARI), P.O.AOLATOLI, P.S.- LAKHIPUR, DIST- GOALPARA, ASSAM, PIN-783129

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2: OSMAN GONI S/O LATE BANU MONDAL VILL- AOLATOLI (SIMUL BARI) P.O.- AOLATOLI P.S.- LAKHIPUR DIST- GOALPARA ASSAM PIN-783129

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3: ROMJAN ALI S/O LATE BANU MONDAL VILL- AOLATOLI (SIMUL BARI) P.O.- AOLATOLI P.S.- LAKHIPUR DIST- GOALPARA ASSAM PIN-783129

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4: AYESHA KHATUN D/O LATE BANU MONDAL VILL- AOLATOLI (SIMUL BARI) P.O.- AOLATOLI P.S.- LAKHIPUR DIST- GOALPARA ASSAM PIN-783129

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5: SUPIA KHATUN W/O OSMAN GONI VILL- AOLATOLI (SIMUL BARI)

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Page No.# 2/5

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P.O.- AOLATOLI P.S.- LAKHIPUR DIST- GOALPARA ASSAM PIN-78312 VERSUS THE UNION OF INDIA AND 8 ORS. REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, NEW DELHI, INDIA 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 3:THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN BHAWAN NEW DELHI 4:THE STATE ELECTION COMMISSIONER OF ASSAM DISPUR GUWAHATI-6 5:THE STATE COORDINATOR NATIONAL REGISTRAR OF CITIZENS (NRC) ASSAM GUWAHATI 6:THE FOREIGNERS REGIONAL REGISTRATION AUTHORITY (FRRA) GOALPARA ASSAM 7:THE DISTRICT COMMISSIONER CUM RETURNING OFFICER DIST- GOALPARA ASSAM 8:THE SUPERINTENDENT OF POLICE GOALPARA ASSAM 9:THE SUPERINTENDENT OF POLICE (B) NAGAON ASSA

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Page No.# 3/5

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For the petitioner (s) : Ms. A. Begum, Advocate

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For the respondent (s) : Ms. P. Baruah, 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 Ms. A. Begum, the learned counsel appearing on behalf of the petitioners. Ms. P. Baruah, the learned counsel appears on behalf of the respondent No.3; Mr. G. Sarma, the learned counsel appears on behalf of the respondent Nos.2, 4, 5, 6, 8 & 9 and Mr. G. Bokolial, the learned Government Advocate appears on behalf of the respondent No.7.

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The case of the petitioners herein is that in the voters list of 2005, the names of the petitioners were marked with the letter “D” and thereupon the petitioner has approached the concerned respondent authorities for removal of the tag “D” in their names from the voters list. As the concerned respondent authorities had failed to do so, the petitioners are before this Court under Article 226 of the Constitution of India for an appropriate direction that

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Page No.# 4/5

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the letter “D” tagged with the names of the petitioners 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.9 i.e., the Superintendent of Police (Border), Goalpara, Assam to verify as to whether the petitioners have already been referred to the concerned Foreigners Tribunal, and if upon verification it is found that the petitioners have not been referred to the concerned Foreigners Tribunal, this Court further directs the said respondent No.9 to refer the case of the petitioners as regards the mark “D” in the voters list in respect to 37 No. East Goalpara LAC to a competent Foreigners Tribunal, Goalpara district for an appropriate adjudication as regards the status of the petitioners 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 petitioners may participate in such

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proceedings and establish their case.

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If the case of the petitioners 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 petitioners.

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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

Jamela Khatun and 4 Ors. v. the Union of India and 8 Ors.

Case brief

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Jamela Khatun and 4 Ors. v. the Union of India and 8 Ors.

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