Gauhati High Court
Abdul Basit And 3 Ors vs The Union Of India And 8 Ors on 19 October, 2020
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/4
GAHC010080732020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 2847/2020
1:ABDUL BASIT AND 3 ORS
S/O LT. ABDUL AZIZ, TEMPORARILY RESIDING AT VILL- DAWGAON NO. 3,
P.O. AND P.S. BOKAGHAT, DIST. GOLAGHAT, ASSAM
2: ANOWAR BEGUM
W/O ABDUL BASIT
D/O LT. MOFCHIL ALI
TEMPORARILY RESIDING AT VILL- DAWGAON NO. 3
P.O. AND P.S. BOKAGHAT
DIST. GOLAGHAT
ASSAM
3: ABDUL HACHIB
S/O ABDUL BASIT
R/O VILL. MAHAKAL
P.O. MAHAKAL
P.S. BADARPUR
DIST. KARIMGANJ
ASSAM
4: ABDUL SAMAD
S/O ABDUL BASIT
R/O VILL. MAHAKAL
P.O. MAHAKAL
PS.BADARPUR
DIST. KARIMGANJ
ASSA
VERSUS
1:THE UNION OF INDIA AND 8 ORS
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
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AFFAIRS, SHASTRI BHAWAN, TILOK MARG, NEW DELHI-1
2:THE STATE OF ASSAM
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-6
3:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSIONER
NEW DELHI-110001
4:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
HOME DEPTT. DISPUR
GUWAHATI-6
5:THE DIRECTOR GENERAL OF POLICE
ASSAM
ULUBARI
GUWHATI-5
PIN-781001
6:THE SUPERINTENDENT OF POLICE (BORDER)
DIST. GOLAGHAT
PIN-785621
7:THE DEPUTY COMMISSIONER
DIST. GOLAGHAT
PIN-785621
8:THE STATE COORDINATOR OF NATIONAL REGISTER OF CITIZENS
BHANGAGARH
GUWAHATI
ASSAM
PIN-781005
9:THE ELECTORAL REGISTRATION OFFICER
93
BOKAKHAT L.A.C.
DIST. GOLAGHAT
ASSAM
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PIN-785621
10:THE OFFICER IN CHARGE
BOKAKHAT P.S. DIST. GOLAGHAT
ASSAM
PIN-78561
Advocate for the Petitioner : MR. I A TALUKDAR
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 19.10.2020 Heard Mr. I.A. Talukdar, learned counsel for the petitioner, Ms. N Upadhyay, learned counsel for the respondents No. 3 and 9, Mr. N. Pathak, learned counsel for the respondent No. 6 as well as Mr. D. Doley, learned Govt. advocate appearing for respondents No.2, 4, 5, 7 and 10. None appears for the respondent No.1 and 8.
2. The petitioners are aggrieved by the expression "D" appearing in the voters list against their name in respect of the voters list under 93 Bokakhat LAC in the district of Golaghat. The law in this respect is settled that the expression "D" from the voters list can be removed only upon an appropriate adjudication being made by the concerned Foreigners Tribunal as regards the citizenship status of the persons against whose name the expression "D" had been entered in the relevant voters list.
3. As this writ petition is instituted for a direction to remove the expression "D" in the voters list of the petitioners, we are of the view that the appropriate course of action would be to direct the Superintendent of Police (Border), Golaghat to initiate a proceeding before the appropriate Foreigners Tribunal against the petitioner for an adjudication on the status of Page No.# 4/4 his citizenship. As instructions are not available, Ms. N. Upadhyay, learned counsel for the Election Department states that there is a possibility of a reference being made in the meantime.
4. Accordingly, we direct the Superintendent of Police (Border), Golaghat to initiate the process for registering a reference against the petitioners before the appropriate Foreigners Tribunal in the Golaghat district and in the event from the records it is revealed that a reference had already been made, the detail information thereof be provided to the petitioners.
5. The requirement be done within a period of one month from the date of receipt of a certified copy of this order.
6. Writ petition stands disposed of in the above manner.
JUDGE Comparing Assistant