Disposed

Hazera Khatun v. the Union of India and 7 Ors.

Gauhati HC5 Feb 2026WP(C)/575/2026

Case brief

AI extract

What is this about?

A writ petition sought removal of the 'D' (doubtful) voter mark against the petitioner's name in Assam voters lists since 1997. The Court held that D-voter status is a factual question for the Foreigners Tribunal and directed SP (Border), Nagaon to verify and refer her case to the Tribunal within two months.

What did the court decide?

Direction to SP (Border), Nagaon to verify and, if not already done, refer petitioner's D-voter status to the Foreigners Tribunal within two months.

Hazera Khatun Vs the Union of India and 7 Ors. — Writ and Judicial Review | Gauhati HC (2026)

Page No. 1/4

GAHC010011732026

2026:GAU-AS:1586

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

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Case No. : WP(C)/575/2026

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HAZERA KHATUN

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D/O- LATE ABUL HUSSAIN,W/O- ABUL BADSHA,R/O- VILLAGE SONARIBALI,P.O.- SAMGURI, P.S.- SAMGURI,MOUZA - RANGAGORA, DISTRICT- NAGAON, ASSAM, PIN CODE 782 140

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VERSUS

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THE UNION OF INDIA AND 7 ORS THROUGH -THE SECRETARY, TO THE GOVERNMENT OF INDIA, MINISTRYOF HOME AFFAIRS,GRIHA MANTRALAYA, NEW DELHI 110001

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2:THE STATE OF ASSAM THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI - 6.

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3:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110 001

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4:THE ASSAM STATE ELECTION COMMISSION HOUSEFED COMPLEX DISPUR GUWAHATI - 781006

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5:THE DISTRICT COMMISSIONER NAGAON P.O. NAGAON DISTRICT NAGAON ASSAM.PIN CODE -782001

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Page No. 2/4

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6:THE ELECTORAL REGISTRATION OFFICER NAGAON P.O. NAGAON 88 NO. SAMGURI LAC DISTRICT NAGAON ASSAM.PIN CODE -782001 7:THE CIRCLE OFFICER KALIABOR REVENUE CIRCLE DISTRICT NAGAON ASSAM PIN CODE-782001 8:THE SUPERINTENDENT OF POLICE (BORDER) NAGAON P.O. NAGAON DISTRICT NAGAON ASSAM.PIN CODE -78200

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Advocate for the Petitioner : MR. JUNM LASKAR, MS. J GHOSH

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Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ECI,SC, NRC,SC, F.T

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 06.02.2026

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Heard Mr. R. Mazumder, learned counsel for the petitioner; Mr. K. Gogoi, learned Central Government Counsel [CGC] for the respondent no. 1; Ms. S. Doley, learned counsel appearing on behalf of Mr. J. Payeng, learned Standing Counsel, NRC and FT for the respondent nos. 2 & 8; Ms. S. Kataki, learned Standing Counsel, Election Commission of India [ECI] for the respondent no. 6; and Mr. M. Chetia, learned Junior Government Advocate, Assam for the respondent nos. 5 & 7.

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The case of the petitioner is that in the voters list of 1997 and subsequent years, 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 her name from the voters list.

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Page No. 3/4

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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. 8 i.e. the Superintendent of Police [Border], Nagaon 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 the concerned Foreigners Tribunal, this Court further directs the respondent no. 8 to refer the case of the petitioner as regards the mark ‘D’ in the voters list in respect to 91 No. Samaguri LAC to a competent Foreigners Tribunal, Nagaon 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 her 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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Page No. 4/4

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Comparing Assistant

Hazera Khatun v. the Union of India and 7 Ors.

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Hazera Khatun v. the Union of India and 7 Ors.

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