Failure to establish linkage with individuals listed in the voters list led to the dismissal of the writ petition.

ACHINTYA MALLA BUJOR BARUA, J.

1. Heard Mr. Z Hammad, learned counsel for the petitioners. Also heard Mr. A Ali, learned counsel for the Election Commission of India, Mr. UK Nair, learned standing counsel for the State of Assam appearing for the Foreigners Tribunal and Border Areas, Ms. U. Das, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.

2. On being referred by the Superintendent of Police (Border), Morigaon, IM(D)T Case No.914/2002 was registered against the petitioners. Upon the IM(D)T Act of 1983 being declared ultra-vires, the reference was transferred to the Foreigners Tribunal No.1, Morigaon and was renumbered as Case No.FT(C) 462/2010.

3. Before the Tribunal, the petitioner No.1 in the written statement had taken a stand that he is the son of late Kismat Ali and was born and brought up in the village Rampur Satra under the Batadrava police station in the Nagaon district. The petitioner No.1 takes a stand that in the police report, his father is shown as Ismat Ali instead of Kismat Ali, but Ismat and Kismat Ali is the same person, who in fact is the son of Abdul Sheikh. A further stand has been taken that the petitioner had shifted to his present place at Silbanga (Nakhulagrant) under Jagiroad police station in the district of Morigaon about 35 years back and since then he has been permanently residing there with his family and he had also casted his vote. The petitioner No.1 also referred to another case being FT(C) No.815/2006, wherein he was declared to be a citizen of India.

4. As regards the petitioner No.2, a stand was taken in the written statement that her father is Abdul Mazid of Batadrava police station and she got married to the petitioner No.1 on 01.01.1982.

5. The petitioner No.1 claimed his linkage with Kismat Ali son of A. Sheikh aged 40 years, House No.12, village Rampur Satra Mauza Batadrava as per the voters list of 1965. Voters list of 1970 of village Rampur Satra which also shows the name of Kismat Ali is also being relied upon. Thereafter the petitioner No.1 relies upon the voters list of 1997 in respect of village Kakor Jolah, Mauza Gobha police station Jagiroad, District- Morigaon, which shows the name of the petitioner Haidar Ali son of Kismat Ali. Similarly, voters list of 2004 in respect of village Nakhulagrant is also relied upon, which also bears the name of Haidar Ali son of Kismat Ali age 43 years, House No.140. The petitioner No.1 takes a stand that the village Kakor Jolah in respect of the voters list of 1997 and village Nakhulagrant in respect of voters list of 2004 are one and the same.

6. Although no such material is produced, but for the purpose of the present adjudication, we do not for the time being go into the question whether village Kakor Jolah and village Nakhulagrant are one and the same. What is relevant is that the petitioner No.1 claims to be son of Kismat Ali of the voters list of 1966 and that Kismat Ali, whose name appears in Sl No.43, House No.12 of the voters list of 1965 pertaining to village Rampur Satra, Mauza Batadrava is the same person as that of Kismat Ali of voters list of 1992. In order to establish the linkage with Kismat Ali of the 1965 voters list, the petitioner No.1 refers to the earlier order dated 30.05.2012 of the Foreigners Tribunal No.1, Morigaon in FT(C) No.815/2006, wherein one Exhibit "Kha" being a certificate dated 28.07.2011 from the Gaon Bura of Rampur Satra was relied upon, which certifies that Haidar Ali is the son of late Kismat Ali of Rampur Satra village. On a question whether the person certifying the said certificate was examined, Mr. Hammad, learned counsel for the petitioner relies upon the conclusion arrived in paragraph-3 of the order dated 30.05.2012 in FT(C) No.815/2006, wherein it is provided as under:-

"In support of the O.P's case, Md. Haidor Ali (the OP) aged 48 years on 27.02.2012, got himself examined as O.P.W-1. According t