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(AM Bujor Barua, J) Heard Mr. DP Borah, learned counsel for the petitioners, Mr. A Ali, learned counsel for the Election Commission of India, Mr. A. Kalita, learned standing counsel for the State of Assam appearing for the Foreigners Tribunal and Border Affairs as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.

2. On being referred by the Superintendent of Police, (Border), Dibrugarh, Case No.DDT- 40/1989 and 672/1988 were registered in the Illegal Migrants Determination Tribunal, Dibrugarh against the petitioners. The Tribunal by its order dated 17.07.1993 had declared the petitioners to be illegal migrants, who entered India after 25.03.1971. Against the order of the Tribunal, an appeal was preferred before the Illegal Migrants Determination by Tribunal, which was registered as Appeal Case No.63/1993. But upon the IMDT Act of 1983 being declared ultra-vires by the Supreme Court, the proceeding before the Appellate Tribunal was not continued any further. In a situation, it was construed that the order dated 17.07.1993 had attained its finality.