A.M. BUJOR BARUA, J.

1. Heard Mr. S Banik, learned counsel for the petitioner. Also heard Mr. A Ali, learned counsel for the Election Commission of India, Mr. J Payeng, learned standing counsel for the State of Assam appearing for the Foreigners Tribunal and Border Affairs, Ms. A Verma, 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. The petitioner was initially referred under the Illegal Migrants (Determination by Tribunal) Act, 1983 (for short, the Act of 1983) resulting in IMDT Case No.1766/2003 before the IM(D)T, Nalbari. Upon the Act of 1983 being declared ultra vires by the Supreme Court, the reference against the petitioner was transferred to the Foreigners Tribunal at Nalbari and renumbered as F.T.(Nal) B.Case No.807/2007(old). Thereupon on bifurcation of the Nalbari district resulting in the creation of Baksa district, the reference against the petitioner was again transferred to the Foreigners Tribunal at Baksa at Tamulpur and further renumbered as in FT Case No.325/ Baksa/2015.

3. The reference against the petitioner was given a final consideration by the Foreigners Tribunal at Baksa as per the order dated 23.11.2016 by which an opinion was given that the petitioner is a foreigner and had entered India after 25.03.1971 without any valid document and without any authority. The order of 23.11.2016 of the Foreigners Tribunal Baksa in F.T.Case No.325/Baksa/2015 has been assailed in the present writ petition.

4. Before the Foreigners Tribunal at Baksa, the petitioner took a stand in her written statement that she is a citizen of India by birth and she was born in village Nakhola Grant, PS Morigaon in the district of Morigaon on 16.11.1966 and that the name of her father was Late Kunja Mohan Das, which finds place in the voters list of 1965 under No.82 Morigaon Legislative Assembly Constituency, bearing Sl. No.58, House No.17.

5. A further stand has been taken that in the voters list of 1965, the name of the father of the petitioner was recorded as Kunja Das. In order to substantiate that Kunja Das whose name appears in the voters list of 1965, is the father of the petitioner, a school transfer certificate dated 30.08.1993 issued by the Headmaster of NF Railway High School Jagiroad was exhibited as Ext.2 before the Tribunal.

6. Against the order dated 23.11.2016 of the Foreigners Tribunal at Baksa, a review petition being Misc. Case No.01/Baksa/2018 was also preferred which was given a final consideration by the order dated 17.04.2018. In the order of 17.04.2018, the Tribunal had rejected the review preferred by the petitioner on the ground that there was a delay of 473 days in preferring the same, in a situation where firstly there was no prayer for condoning the delay and secondly a proceeding under the Foreigners Tribunals Order, 1964 being a summary proceeding there is no provision for condoning the delay.

7. In the review, the petitioner had taken a further stand by producing a certificate of the Headmaster dated 30.04.2018 that the date mentioned in the transfer certificate dated 30.08.1993 providing that she had left the school on 31.12.1993 was wrongly mentioned and instead the date of her leaving the school was 31.12.1984. The order dated 17.04.2018 in the Misc.Case No.01/Baksa/2018 has also been assailed in the present writ petition.

8. Both in the original order dated 23.11.2016 as well as in the review order dated 17.04.2018, the transfer certificate dated 30.08.1993 as stood corrected by the later certificate dated 30.04.2011, which was relied upon by the petitioner to establish that her father is Kunja Das whose name appeared in the voter's list of 1965, stood rejected on the ground that the petitioner had failed to examine the concerned Headmaster of the school who was the author of the certificate.

9. In the present writ petition, the petitioner takes the ground that the rejection of the certificates issued