Gauhati High Court
Momin Ali And Anr vs The Union Of India And 6 Ors on 27 January, 2020
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/3
GAHC010192682019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 6144/2019
1:MOMIN ALI AND ANR.
S/O- LATE KHURSED ALI @ KRUSED ALI, R/O- VILL- BARDALANG AND
P.O- JAKHALABANDHA, P.S- JAKHALABANDHA, MOUZA- CHATIAL, DIST-
NAGAON, ASSAM, PIN- 782136
2: MD. HASEN ALI
S/O- LATE KHURSED ALI @ KRUSED ALI
R/O- VILL- BARDALANG AND P.O- JAKHALABANDHA
P.S- JAKHALABANDHA
MOUZA- CHATIAL
DIST- NAGAON
ASSAM
PIN- 78213
VERSUS
1:THE UNION OF INDIA AND 6 ORS
REP. BY THE SECRETARY TO THE GOVT OF INDIA, MIN OF POLITICAL
AND HOME AFFAIRS, NEW DELHI
2:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIA
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI- 110001
3:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
HOME DEPTT
DISPUR
GUWAHATI- 781006
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4:THE CHIEF ELECTION OFFICER
ASSAM
HOUSEFED COMPLEX
BELTOLA ROAD
GUWAHATI- 781006
5:THE ELECTORAL REGISTRATION OFFICER
SUB DIVISION
DIST- MORIGAON
ASSAM
6:THE DEPUTY COMMISSIONER
CUM DISTRICT ELECTION OFFICER CUM ELECTORAL REGISTRATION
OFFICER
MARIGAON
P.O AND DIST- MARIGAON
ASSAM
7:THE SUPERINTENDENT OF POLICE(B)
MARIGAON
P.-O MARIGAON
DIST- MARIGAON
ASSAM
PIN
Advocate for the Petitioner : MS. G BORAH
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
Date : 27-01-2020 Heard Ms. S. P. Chetri, learned counsel for the petitioners. Also heard Mr. D. Barua, learned Standing Counsel, Election Commission of India, Ms. C. Hazarika, learned counsel for the respondent and Mr. A. Bora representing Mr. U.K. Nair, learned Senior Counsel respondent nos 3,4 and 7.
The petitioners are aggrieved due to non removal of 'D' categorization against the name of their late father Khrused Ali @ Krused Ali resident of village Bardalang, P.O. Page No.# 3/3 Jakhalabandha Mauza Chetial in the district of Nogaon. As per Mr. Barua there are no instructions in order to mark as 'D' voter against the names of present petitioners. However a reference is pending under Case No. 298/2005 in the Foreigners' Tribunal, Court No.2, Nogaon against their father Khrused Ali. Further from the report of S.P (Border) Nogaon another Case No. 307/2005 is pending against Musstt. Mamta Begum wife of Khurseed Ali in the same Tribunal. The prayer made in this writ petition by the petitioners is reproduced hereinbelow:
"In the premises aforesaid, it is therefore, prayed that Your Lordship's may be pleased enough admit this Petition and call for the records, and issue Rule , calling upon the respondents, to show cause as to why a writ & certiorari and or a writ of mandamus or any other appropriate writ should not be issued, directing the respondents to remove the "D" tagged before the name of the late Krused Ali @ Khursed Ali in the Electoral Roll of the year 2019, after giving opportunity of hearing and producing relevant records before the concerned respondents to prove his citizenship and or as to why and other further order or orders should not be issued as may be deemed fit and proper and upon perusal of records and on hearing the parties, the rule may be made absolute and further may be pleased to pass such order or further orders as your Lordships may deem fit and proper in the facts and circumstances of the case for the interest of justice.
And for this act of kindness, the petitioner, as in duty bound shall ever pray."
Keeping in view the submission of Mr. Barua, on the basis of instruction he obtained and also in view of the prayer made, this writ petition is disposed of with a direction that the petitioners shall approach the Foreigners' Tribunal, Court No.2 at Nogaon in order to collect the status of the reference in F. T. Case No. 298/2005 which was against late Khrused Ali @ Krused Ali and inform about the death of the said proceedee and the Tribunal shall pass necessary order if the reference is yet to be disposed of. Otherwise the petitioners may take to the procedural recourse if the opinion had gone against the deceased proceedee.
This writ petition stands disposed of.
JUDGE Comparing Assistant