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2013 Supreme(Gau) 214

BIPLAB KUMAR SHARMA
Bahaluddin Sheikh – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Mr. A.R. Sikdar & Mr. M.H. Talukdar
For Respondents/Defendant: Mr. K.N. Choudhury, Addl. Sr. A.A.G., Ms. A. Deka, Mr. K.P. Pathak, Amicus Curiae, A.S.G.I., Mr. M. Bhagawati, C.G.C. & Mr. M.U. Mahmud, S.E., S.E.C.

JUDGMENT

Biplab Kumar Sharma, J.

1. The petitioner, who has been identified as 'D' (Doubtful) voter, has filed this writ petition, challenging the proceeding that has been initiated against him by the Foreigners Tribunal, Goalpara vide FT Case No. 5368/G/12 arising out of district Case No. 793/2010. Apart from claiming that initiation of such proceeding is uncalled for in view of the fact that the petitioner is an Indian citizen, the said proceeding has also been questioned on the ground of pendency of a suit being Title Suit No. 95/2012 in the Court of the learned Munsif No. 1, Goalpara, by which the petitioner as the plaintiff has prayed for a declaration that he is an Indian citizen as defined in the Citizenship Act and that the alphabet "D" shown against his name in the electoral roll be removed entitling him to cast votes in elections. Having regard to the importance of the issue involved, which is, as to whether in view of the existing special law for determination of citizenship issue, a civil suit is maintainable towards determination of one's citizenship, Mr. K.P. Pathak, learned ASGI was requested to assist the Court as Amicus Curiae, more particularly when the Union of Ind































































































































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