1. This appeal has been filed against the order dated 23.3.2011, rendered

by the learned Single Judge in WP(C) No. 1334/2009, directing the respondents therein to carry out the following directions :

1. The Election Commission of India shall ensure that the 'D' voters are not allowed to cast their votes. 'D' voter will also include the persons whose names are included in the electoral rolls but their citizenship are in doubt/disputed and whose cases are pending in various Foreigners Tribunals.

2. To facilitate the above exercise, the Superintendent of Police (B) of all the Districts shall collect names of such persons whose cases are pending in the Foreigners Tribunals and furnish the same to the jurisdictional Electoral Registration Officer/Returning Officer towards ensuring that they are not allowed to cast their votes.

3. All the concerned authorities will act in the matter promptly and no excuse will be entertained. They will bear in mind that their allegiance is to the Constitution of India and not to the political bosses.

4. The aforesaid direction should be carried out in war-footing towards ensuring that such doubtful/disputed voters are not allowed to cast their votes in the ensuing election to the State.

5. Any dereliction of duty towards implementation of the directions contained in this order would be viewed seriously. The Officers concerned will bear in mind that such dereliction may result in initiation of departmental proceeding including invocation of the provisions of article 311 of the Constitution of India.

2. Being aggrieved, the State respondents have preferred this appeal alleging that in rendering the directions in order in question, the learned Single Judge travelled far beyond his jurisdiction, conferred under article 226 of the Constitution of India.

3. We have heard Mr. Nagendra Rai, learned senior counsel, appearing for the appellant. Also heard Mr A.C. Buragohain, learned A.G., Assam, Mr. B.J. Ghosh and Mr. Navnit Kumar, Government Advocates, Assam as well as Mr. S.C. Keyal, learned A.S.G.I. appearing for the Union of India. Also heard Mr. D. Baruah, learned counsel appearing for the Election Commission of India ('the Commission').

4. The facts necessary for disposal of the present appeal, in brief, are that one Mameza Khatun who is said to be a Bangladeshi national allegedly entered into India (Assam) after 25th March, 1971 and started to stay here illegally ever since. On the basis of such an allegation, a reference was made to Illegal Migrant (Determination) Tribunal [in short 'IM(D)T']. On the basis of such reference, a proceeding was initiated, same being IM(D)T Case No. 3031/2004.

5. During the pendency of the said proceeding, decision in Sarbananda Sonowal v. Union of India, AIR 2005 SC 2934 was rendered by the Apex Court of the country under which the IMDT Act stood quashed. In view of the decision in Sarbananda Sonowal (supra), the aforesaid proceeding along with many other similar proceedings, pending before the different Tribunals were transferred to the respective Foreigners Tribunals.

6. In due course, the Foreigners Tribunal registered a case against one MRs. Mumtaz Begum, D/O Late Asmot Ali vide F.T. Kamrup (Metro) Case No. 49/2007 and ordered issuance of notice on MRs. Mumtaz Begum. The appellant herein claims that she is Mameza Khatun, D/O Late Haren Kazi and not Mrs Mumtaz Begum, D/O Late Asmot Ali and as such, she had no reason to appear before the Tribunal. However, she was forced to appear before the Foreigner's Tribunal for which she appeared before the Tribunal on 28.8.2007 as well as on 10.10.2007.

7. On her appearance before the Tribunal, she produced her voters list containing the name of her father as well as the residential certificate which she collected from Sudarpara Gaon Panchayat of Dhubri and apprised the learned Member of the Tribunal that she is not MRs. Mumtaz Begum, D/O Late Asmot Ali. According to her, she, being the daughter of late Haren Kazi, an Indian