A.M. BUJOR BARUA, J.

1. Heard Mr. GP Bhowmik, learned senior counsel for the petitioner. Also heard Mr. AI Ali, learned counsel for the Election Commission of India and Mr. UK Nair, learned senior counsel for the State of Assam appearing for the Foreigners’ Tribunal and Border Areas as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.

2. The petitioner, Sudhir Roy was enquired upon by the respondent authorities and on being satisfied that appropriate grounds do exist, his case was referred to the Foreigners Tribunal of Cachar for an opinion as to whether he is a foreigner within the definition under the Foreigners Act of 1946. The Tribunal by its order dated 17.05.2018 had held the petitioner to be a foreigner and in its order had accordingly declared the petitioner, Sudhir Roy, his wife Romita Roy, Sons Sontosh Roy and Piyush Roy and daughters Smti Rimpi Roy and Smti Mampi Roy also to be foreigners, who had entered Assam/India after 25.03.1971 from the specified territory.

3. Mr. GP Bhowmik, learned senior counsel contends that in respect of Sudhir Roy, the evidence rendered by him could not be completed inasmuch as, he had fallen ill on the