Disposed¶23

Nilkamal Malodas v. Union of India and 6 Ors.

Gauhati HC5 Jan 2025WP(C)/4745/2019

Case brief

AI extract

What is this about?

D-voter / doubtful voter tag removal; writ jurisdiction vs pending Foreigners Tribunal reference. Gauhati High Court, WP(C)/4745/2019, decided 06.01.2025 by Justice Devashis Baruah. Petitioner Nilkamal Malodas (Barpeta, Assam) challenged 'D' marking in the 1997 and subsequent voter lists. FT Case No.91/2017 pending before Foreigners Tribunal, Barpeta; instruction dated 31.05.2022 marked 'X'. Held: writ jurisdiction for removal of 'D' tag would not arise where FT reference is pending; petition disposed of with liberty to pursue the reference proceedings. Neutral citation 2025:GAU-AS:128.

What did the court decide?

Liberty to the Petitioner to take effective steps in respect of the pending reference proceedings before the Foreigners Tribunal, if so advised. ¶23

Nilkamal Malodas Vs Union of India and 6 Ors. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/3

GAHC010153762019

2025:GAU-AS:128

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

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Case No. : WP(C)/4745/2019

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NILKAMAL MALODAS

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S/O LT. DEBU MALODAS @ DEBNATH, VILL. BAHARI RESERVE, P.O. BAHARIHAT, P.S. TARABARI, PIN- 781302, DIST- BARPETA, ASSAM.

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VERSUS

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UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY, DEPTT. OF HOME, NEW DELHI. PIN 110001. 2:STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY DEPTT. OF HOME DISPUR GHY.- 781006. 3:THE ELECTORAL REGISTRATION OFFICER BARPETA ASSAM PIN- 781301. 4:THE DEPUTY COMMISSIONER BARPETA PIN- 781301 5:THE SUPERINTENDENT OF POLICE (B) BARPETA PIN- 781301. 6:THE OFFICER-IN-CHARGE TARABARI POLICE STATION PIN- 781302.

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Page No.# 2/3

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7:NATIONAL REGISTRAR OF CITIZENS REP. BY THE STATE CO-ORDINATOR ASSAM GUWAHATI

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For the Petitioner(s) : Ms. P. Saha, Advocate

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For the Respondent(s) : Mr. A. I. Ali, Standing Counsel

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 06.01.2025

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Heard Ms. P. Saha, the learned counsel appearing on behalf of the Petitioner and Mr. A. I. Ali, the learned Standing counsel appearing on behalf of the Respondent No.3.

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The Petitioner herein has filed the instant writ petition challenging marking of letter “D” against his name in the voter list of 1997 as well as in the subsequent voter lists.

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Mr. A. I. Ali, the learned Standing counsel for the Respondent No.3 submits that the name of the Petitioner was referred to the Foreigners Tribunal at Barpeta and in that regard a FT case being FT Case No.91/2017 has been pending. He submits on the basis of an instruction dated 31.05.2022. This Court duly asked the learned counsel as to whether there has been any decision in the said proceedings. The learned Standing counsel submits that he has no instruction in that regard.

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Taking into account that a reference had already been made before

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Page No.# 3/3

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the Foreigners Tribunal and the Foreigners Tribunal is in session of the matter, the question of exercising the writ jurisdiction for removal of tag “D” would not arise.

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Accordingly, the instant writ petition stands disposed of.

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Be that as it may, the Petitioner would always be at liberty to take effective steps in respect to such reference proceedings, if so advised.

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The instruction so submitted by Mr. A. I. Ali, the learned Standing counsel is kept on record and marked with the letter “X’.

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JUDGE

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Comparing Assistant

Nilkamal Malodas v. Union of India and 6 Ors.

Case brief

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Nilkamal Malodas v. Union of India and 6 Ors.

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