Ramjan Sk. @ Ramjan Ali v. The Union of India and 9 Ors

ORDER

28.04.2023

Heard Mr. A. Islam, learned counsel appearing for the petitioner; Mr. K.K. Parasar, learned Central Government Counsel [CGC] for the respondent nos. 1 & 8; Mr. A.I. Ali, learned Standing Counsel, Election Commission of India for the respondent nos. 3 & 9; Mr. M. Page No.# 3/4 Chetia, learned Junior Government Advocate, Assam for the respondent nos. 4 – 7 & 10.

¶2The grievance of the petitioner is the action of the authority in marking 'D' against the name of the petitioner in the voters' list of 2011, 2015, 2017 & 2019 at Village – Kusha Pakri Part-I, under 39 Joleswar Legislative Assembly Constituency.

¶3It is the case of the petitioner that such marking was without any notice or intimation and without giving any opportunity of hearing before putting the word 'D' against the name of the petitioner. It is his contention that the name of the father of the petitioner had appeared in the Voters' Lists of 1966, 1970 & 1989 and his name had appeared in the Electoral Rolls of 1989, 1997, 2005, 2008 & 2010. He had regularly cast his vote in all the elections during the period from 1989 to 2010. He has further claimed that he is presently residing at Village – Kusha Pakri Part-I, under 39 Joleswar Legislative Assembly Constituency.

¶4On the other hand, learned counsel for the respondents have submitted that a procedure has been laid down to adjudicate the matter where the persons are aggrieved by marking 'D' against their names in the voters' list and the present case can also be dealt with by the same procedure.

¶5Mr. Ali, the learned Standing Counsel, ECI has placed before this Court an order dated

18.01.2022 passed by this Court in W.P.[C] no. 267/2022 by which a case of similar nature has been disposed of. By the said order, this Court has observed that the issue involved would require factual determination and the appropriate forum would be the concerned Foreigners Tribunal, as a Writ Court in exercise of its powers under Article 226 of the Constitution of India may not have adequate means and expertise to decide the questions of fact which are disputed. It has further been directed that the Superintendent of Police of the concerned district would verify the case of the petitioner and thereafter, refer the matter to the concerned Foreigners Tribunal which will deal with the matter in accordance with law.

¶6Following the aforesaid order, the present case is also disposed of by directing the Superintendent of Police, Border, Goalpara [respondent no. 6] to examine and verify the case Page No.# 4/4 of the petitioner and if on such verification, it is found that the case of the petitioner is yet to be referred to the concerned Foreigners Tribunal, to immediately refer the case to the concerned Tribunal which, in turn, would examine the claim of the petitioner.

¶7In view of the prayer made for removal of marking 'D' in the voters' list from the concerned No. 39 Joleswar LAC, Reference, if not made till now, 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 his claim before the Tribunal. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010208182019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6305/2019o RAMJANoSK.o@oRAMJANoALIo S/OoLT.oFOYAZoBHARALI,oR/OoVILL.oKUSHAoPAKRIoPART-II,oP.O.o HASHDOBA,oP.S.LAKHIPUR,oDIST.oGOALPARA,oPIN-783129 VERSUSo THEoUNIONoOFoINDIAoANDo9oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oSHASTRIoBHAWAN,oTILOKoMARG,oNEWoDELHI-1 2:THEoSTATEoOFoASSAM oREPo.BYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDISPUR oGUWAHATI-6 3:THEoELECTIONoCOMMISSIONEoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSIONER oNEWoDELHI-1 4:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT.oDISPUR oGUWAHATI-6 5:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGUWAHATI-5 6:THEoSUPERINTENDENToOFoPOLICEo(BORDER) oGOALPARA oP.O.oGOALPARA Page No.# 2/4 DIST. GOALPARA ASSAM PIN-783101 7:THE DEPUTY COMMISSIONER GOALPARA P.O. GOALPARA DISIT. GOALPARA ASSAM PIN-783101 8:THE STATE COORDINATOR OF NATIONAL REGISTER OF CITIZENS BHANGAGARH GUWAHATI ASSAM PIN-781005 9:THE ELECTORAL REGISTRATION OFFICER 39 JOLESWAR L.A.C. GOALPARA P.O. GOALPARA DIST. GOALPARA ASSAM PIN-783101 10:THE OFFICER IN CHARGE LAKHIPUR POLICE STATION DIST. GOALPARA ASSAM PIN-78310 Advocate for the Petitioner : MR. M U MONDAL Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY