UJJAL BHUYAN, J.

1. Heard Mr. MA Choudhury, learned counsel for the petitioner and Mr. J Payeng, learned Special Counsel, Foreigners Tribunal (FT).

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 14.10.2015, passed by the Foreigners Tribunal-I, Karimganj in FT Case No.156/2011 (State v. Rukia Begum), declaring the petitioner to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.03.1971.

3. This Court by order dated 08.11.2016 had issued notice while requisitioning the case record and passed an interim order to the effect that petitioner should be allowed to remain on bail subject to her appearance before the Superintendent of Police (Border), Karimganj and furnishing of adequate surety.

4. Smti. Leena Doley, Addl. Superintendent of Police (HQ), Karimganj has filed an affidavit on behalf of Superintendent of Police (Border), Karimganj, respondent No.4, supporting the order passed by the Tribunal.

5. Mr. Choudhury, learned counsel for the petitioner submits that Tribunal was not justified in excluding Exts-1 and 6 from consideration. He further submits that there was no objection towards filing of Exts-1 and 2 by the petitioner on behalf of the State. Since, there was no objection by the State, the two exhibits should have been deemed to have been proved by comparing with the originals produced by the petitioner.

6. On the other hand, learned Special Counsel supports the order passed by the Tribunal and contends that petitioner had failed to prove that she was not a foreigner but a citizen of India by adducing cogent, reliable and admissible evidence.

7. Submissions made by learned counsel for the parties have been considered. Also perused the materials on record, including the record requisitioned from the Tribunal.

8. In her written statement filed before the Tribunal on 30.09.2014, petitioner identified herself as wife of Abdul Malik and daughter of Pakhi Mia. She stated that father Pakhi Mia, son of Lt. Isbor Ali, was a resident of village Barkatpur under Karimganj Police Station. He was enrolled as a voter in 1966, 1970, 1977 and 1985 in respect of South Karimganj Constituency. Petitioner was born on 06.05.1974 at the said address and had read upto Class- IV in the 656 No. Barkatpur LP School. In 1991, she got married to Abdul Malik. Her name appeared in the voters lists of 1993 in respect of South Karimganj Constituency and thereafter in 1997, 2005 and 2011.

9. Though the petitioner omitted to mention various material particulars, such as, names of mother, parental grandmother, brothers and sisters, if any, etc., from whatever were disclosed in the written statement, what is discernible is that according to the petitioner, her father Pakhi Mia was a citizen of India and she being his daughter was, therefore, a citizen of India.

10. Let us now examine whether petitioner could prove the above facts in issue by adducing cogent, reliable and admissible evidence.

11. Petitioner deposed as her witness. She narrated more or less the same thing as stated in her written statement but admitted that in the voters list of 1997, she was marked as a doubtful (D) voter.

12. We find that petitioner exhibited as many as 10 documents though Exts-2 to 6 were marked under objection by the Assistant Government Pleader.

13. Exts-2 to 5 are certified copy extracts of voters lists of 1966, 1970, 1977 and 1985. In all the above exhibits, the electors were marked as doubtful electors. While in 1966 there were two voters, namely, Pakhi Mia, son of Isbor Ali, aged 27 years, and Monai Bibi, wife of Pakhi Mia, aged 23 years; in the voters lists of 1970, 1977 and 1985, Monai Bibi disappeared. If she was the wife of Pakhi Mia and by implication mother of the petitioner (petitioner did not disclose the name of her mother), she ought to have been present in Exts-3, 4 and 5 but she was conspicuous by her absence.

14. Exts-7 and 8 are certified copy extracts of the