Kosiron Nessa v. the Union of India and 5 Ors.
Case brief
What is this about?
WP(C)/6851/2025 | Gauhati High Court | 05.12.2025 | Devashis Baruah, J. (oral judgment) | Petitioner Kosiron Nessa sought removal of the “D” tag marked against her name in the 1997 voters list (38 No. Goalpara West LAC). Held: “D”-voter status is a factual determination for the Foreigners Tribunal, not decidable by the High Court under Article 226. Directed SP (Border), Goalpara, to verify prior referral and, if absent, refer the case to a competent Foreigners Tribunal, Goalpara district, within 2 months; petitioner may participate in Tribunal proceedings. Writ petition disposed of. Keywords: D voter, doubtful voter, voters list, Foreigners Tribunal, Article 226, Goalpara, Election Commission of India, NRC.
What did the court decide?
Directions issued to respondent No. 6, Superintendent of Police (Border), Goalpara: (i) verify whether the petitioner has already been referred to the concerned Foreigners Tribunal; (ii) if not referred, refer her case regarding the mark “D” in the voters list of 38 No. Goalpara West LAC to a competent Foreigners Tribunal, Goalpara district, for appropriate adjudication of her “D”-voter status, such reference to be made within 2 (two) months from receipt of a certified copy of the order, and the petitioner may thereafter participate in the Tribunal proceedings and establish her case; (iii) if the case had already been referred, make no further reference but communicate the detailed information of the earlier reference to the petitioner.