Dismissed

Joynuddin Sheikh v. the Union of India and Ors.

Gauhati HC7 Jun 2026I.A.(Civil)/618/2026

Case brief

AI extract

What is this about?

Application to modify an order dated 03.12.2025 in WP(C) No. 6794/2025, seeking a fresh Foreigners Tribunal reference over the applicant's D-voter marking in Goalpara while FT Case No. 205/2018 was pending at Kamrup (M). The Court held such an application not maintainable and misconceived, since two proceedings on citizenship cannot run concurrently, and rejected it.

What the court decided

AI extract

Joynuddin Sheikh Vs the Union of India and Ors. — Election Law | Gauhati HC (2026)

Page No.# 1/4

GAHC010030242026

2026:GAU-AS:8011-

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

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Case No. : I.A.(Civil)/618/2026

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JOYNUDDIN SHEIKH

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SON OF LATE JALIPUDDIN SHEIKH, RESIDENT OF VILLAGE- KATLAMARI, POLICE STATION- LAKHIPUR, DISTRICT- GOALPARA, ASSAM

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VERSUS

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THE UNION OF INDIA and ORS

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REP BY THE SECRETARY,MINISTRY OF HOME AFFAIRS,GOVT OF INDIA,SHASTRI BHAWAN,NEW DELHI-110001

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2:THE STATE OF ASSAM REP BY THE SECRETARY TO THE GOVT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI PIN-781006

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3:THE ELECTION COMMISSION OF INDIA REP BY THE CHIEF ELECTION COMMISSION NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001

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4:THE STATE COORDINATOR NRC 1ST FLOOR ACHYUT PLAZA G S ROAD BHANGAGHAR GUWAHATI ASSAM-781005

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5:THE DISTRICT COMMISSIONER GOALPARA PO AND PS-GOALPARA DIST-GOALPARA ASSAM-783101

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6:THE SUPERINTENDENT OF POLICE BORDER GOALPARA PO AND PS-GOALPARA DIST-GOALPARA ASSAM-78310

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For the Applicant(s) : Ms. D. Ghosh, Advocate

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For the Respondent(s) : Mr. G. Bokolial, Govt. Advocate

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BEFORE

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HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 08.06.2026

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Heard Ms. D. Ghosh, the learned counsel appearing on behalf of the applicant. Mr. G. Bokolial, the learned Government Advocate appears on behalf of the Home Department of the Government of Assam.

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None appears on behalf of the Union of India, the Election Commission of India, or the NRC.

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This is an application seeking modification of the order dated 03.12.2025 passed in WP(C) No. 6794/2025. First and

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foremost, this application is not maintainable inasmuch as it is a well settled principle of law that a miscellaneous application cannot be filed in respect to a matter that has already been disposed of.

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Be that as it may, this Court duly takes note of the submissions made by Ms. D. Ghosh, the learned counsel appearing on behalf of the applicant, that the applicant has been marked as a “D” voter in Goalpara District, where the applicant is a voter in the 39 No. Jaleshwar Legislative Assembly Constituency, whereas FT Case No. 205/2018 has been registered at Kamrup (M), Guwahati, Assam. The learned counsel submitted that there is a requirement of another reference to be made qua the marking of the applicant as a “D” voter before the Foreigners Tribunal, Goalpara.

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The said submission is completely misconceived inasmuch as there cannot be two proceedings for adjudication of the question as to whether the applicant is a citizen of India or not.

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It is the opinion of this Court that if the decision in FT Case No. 205/2018 is made in favour of the applicant, the same would duly cover the applicant's case for removal of the “D” mark against his name in the voter list.

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Accordingly, the instant application, being misconceived,

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stands rejected.

JUDGE

Comparing Assistant

Joynuddin Sheikh v. the Union of India and Ors.

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What the court decided

Joynuddin Sheikh v. the Union of India and Ors.

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