Nani Tagia, J.

Heard Mr. A. Roshid, learned counsel for the petitioner as well as Ms. G. Sarmah, learned counsel for the respondent no. 1; Mr. J. Payeng, learned counsel for respondent nos. 2, 3, 4 & 7; Mr. A. I. Ali, learned counsel for respondent no. 5 and Ms. U. Das, learned counsel for respondent no. 6.

2. By this petition, under Article under Article 226 of the Constitution of India, the writ petitioner has challenged the legality and validity of the order dated 10.09.2018, passed by the learned Member, Foreigners’ Tribunal No. 4th, Barpeta in F.T. Case No. 526/2016, whereby the petitioner has been held to be the foreigner and illegal migrant, who had entered into Assam (India) on or after 25.03.1971 from the specified territory (Bangladesh).

3. A proceeding was started against the writ petitioner/opposite party suspecting to be an illegal migrant entered into Assam after 25.03.1971. Accordingly, a Notice was issued to the writ petitioner/opposite party by the learned Tribunal and on receipt of the Notice, the writ petitioner/opposite party filed her written statements stating interalia that ‘she was born and brought up at village Barpeta, under Mouza-Hastinapur, District Barpeta, Assam’ and that her grandmother’s name was Aimona Khatun and the daughter of Md. Asan Uddin and Ms. Sharifan Nessa.

4. In support of her case, the writ petitioner/opposite party has exhibited the following exhibits which are as follows:

Ext. ‘A’ is the certified copy of the electoral roll of 1966, in respect of LAC No. 51 Jania Village, Daksin Sitoli District Kamrup wherein vide serial no. 71 of house no. 20, the name of her grandmother, Aimona Khatun is stated to be recorded; Ext. ‘B’ is the certified copy of electoral roll of 1970, in respect of LAC No. 51, Jania village Daksin Sitoli District Kamrup wherein vide serial no. 85 and 89 of house no. 20, the name of her grandmother Aimona Khatun as well as the name of her father Asan Uddin are stated to be recorded therein; Ext. ‘C’ is the certified copy of electoral roll of 1985, in respect of LAC no. 41, Bhawanipur, village Batua, district Barpeta wherein vide serial no. 381 of house no. 21, the name of the writ petitioner/opposite party’s fathers’ name Md. Asan Uddin is stated to be recorded; Ext. ‘D’ is the certified copy of the electoral roll of 1977 in respect of LAC no. 41 Bhawanipur, Village Batua, District Barpeta wherein at serial no. 137 and 138 of house no. 46, the name of writ petitioner/opposite party’s father’s and mothers’ name i.e. Md. Asan Uddin and Ms. Sarifan Nessa respectively are stated to be recorded; Ext. ‘E’ & ‘F’ are the electoral roll of the year 1966 and 1970 respectively, wherein the name of Badsha Mia, who is the father-in-law of writ petitioner/opposite party is recorded therein; Ext. ‘G’ & ‘H’ are the electoral role of the year 1997 and 2010 wherein the name of Abdul Barek, husband of writ petitioner/opposite party has been recorded. The 2010 electoral roll is in respect of 45 Baghbar LAC, village Agmondia Sub-division Barpeta; Ext. ‘I’ is the Kabin Nama of the writ petitioner/opposite party and her husband; Ext. ‘J’ is the certificate issued by the Secretary, 110 No. Geruapara, Gaon Panchayat, District Barpeta; Ext.‘K’ is the certificate issued by the president 110 No. Geruapara, Gaon Panchayat; Ext.‘L’ is the certificate issued by the Gaon Bura charge No. 15 Agmondia, Bhirapam; Ext.‘M’ is the certificate issued by the Gaon Bura charge No. 15 Agmondia, Bhirarpam; Ext.‘N’ is the affidavit filed by the petitioner/opposite party; Ext.‘O’ is the identity card of Gaon Bura; Ext.‘P’ is the letter of the petitioner/opposite party.

5. We have perused all the exhibits mentioned above. On perusal of the same, it is found that Ext. ‘J’, the certificate issued by the Secretary, Gaon Panchayat, is the only linkage document through which the petitioner/opposite party seeks to establish her linkage with the projected father namely, late Asan Uddin. The Ext. ‘J’ (GP certif