Ujjal Bhuyan, J.

1. Heard Mr. AK Talukdar, learned counsel for the petitioner and Mr. HK Hazarika, learned Government Advocate, Assam. By filing this petition under Article 226 of the Constitution of India, petitioner seeks transfer of FT Case No. 187/2017, pending before the Foreigners Tribunal No. 2, Kamrup (M), Hedayarpur at Guwahati to any Foreigners Tribunal at Karimganj.

2. Be it stated that petitioner had earlier approached this Court with the grievance that he was marked as a Doubtful (D) voter in the electoral rolls of the year 2011. No consequential steps were taken pursuant to marking of the petitioner as a Doubtful (D) voter. The said writ petition was registered as WP (C) No. 155/2016 (Md. Mainul Hoque v. Union of India).

3. This Court by order dated 17.05.2016 had disposed of the said writ petition by directing the Chief Election Officer, Assam and Deputy Commissioner-cum-District Election Officer-cum-Electoral Registration Officer, Karimganj to take necessary consequential decision in respect of the petitioner after making due investigation, including giving an opportunity to the petitioner.

4. Thereafter, petitioner was informed by the Addl. Deputy Commissioner (Election Branch), Karimganj, vide letter dated 30.8.16 that pursuant to order of this Court dated 23.3.11, passed in WP(C) No. 1334/2009, the then Senior Superintendent of Police (Border), Guwahati City had intimated the office of the Deputy Commissioner, Karimganj, vide letter dated 26.03.2011 that a case was pending against the petitioner before the then Foreigners Tribunal at Kamrup (M), Guwahati, for which petitioner was marked as a Doubtful (D) voter. It was also mentioned that petitioner had admitted that he was residing at Guwahati near Byrnihat in the year 2010 in connection with his livelihood. Petitioner was, therefore, directed to approach the Foreigners Tribunal, Kamrup (M) at Guwahati. Thereafter, it has now come to light that FT Case No. 2397/2007 was pending before the Foreigners Tribunal No. 1, Kamrup (M), Guwahati. Following creation of additional Tribunals, the aforesaid reference has been re-registered as FT Case No. 187/2017 (State v. Md. Mainul Hoque) and is now pending before the Foreigners Tribunal No. 2, Kamrup (M) at Guwahati. In this connection, notice was issued to the petitioner on 21.07.2017 through the Superintendent of Police (Border), Karimganj. It is seen that an application was filed by the petitioner before the Foreigners Tribunal No. 2, Kamrup (M) at Guwahati for transfer of the reference to Foreigners Tribunal, Karimganj. Taking the view that a Foreigners Tribunal has got no power to transfer such reference, the application was rejected vide order dated 16.09.2017.

5. Aggrieved, present writ petition has been filed seeking the relief as indicated above.

6. Learned counsel for the petitioner submits that petitioner is a resident of village Hijim under Nilambazar Police Station in the district of Karimganj and, therefore, it would be inconvenient for him to appear before the Foreigners Tribunal at Guwahati for adducing evidence. Therefore, it would be in the interest of justice to transfer the reference from Guwahati to Karimganj, he submits. In this connection, learned counsel for the petitioner has placed reliance on a decision of the Supreme Court in Anita Kushwaha v. Pushap Sudan, reported in (2016) 8 SCC 509 and contends that for the ends of justice, Court can always issue directions to transfer references from one Tribunal to another Tribunal.

7. On a query by the Court as to who had filed WP(C) No. 1339/2009, for what relief and what was the order passed in that case, reference to which was made by the Addl. Deputy Commissioner in his letter dated 30.08.2016, learned counsel for the petitioner submits that he has no information in this regard.

8. Learned counsel for the respondents opposes such prayer.

9. Submissions made by learned counsel for the parties have been considered.

10. This Court has held in a numbe