A.M. Bujor Barua, J

Heard Mr. A.S. Tapader, 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 areas, 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 to the IM(D)T of Sonitpur for an adjudication as to whether she is a foreigner, who had entered India subsequent to 25.03.1971 and accordingly IM(D)T Case No.TZ(B)/99/837/BNC was registered. Subsequently on the IM(D)T Act of 1983 being declared ultra-vires by the Supreme Court, the reference made against the petitioner was transferred to the Foreigners Tribunal No.5, Tezpur at Biswanath Chariali and was renumbered as FT Case No.51/2015.

3. Before the Tribunal, the petitioner submitted her written statement and a stand was taken that her father is Md. Abdul Sobhan, son of late Asmat who had been a resident of village Gaibandha under Biswanath mouza, Sootia police station in the erstwhile Darrang district. It was stated that the name of her father Abdul Sobhan appears in the NRC of 1951 bearing Card No.1261 and that his name also appears in the voters list of 1966 bearing Sl No.2607, Part-99 of Siporia Sapori PGR under the No.79 Sootea Legislative Assembly of the erstwhile Darrang district. To substantiate the stand of the petitioner, the voters list of 1966 was exhibited. The voters list of 1966 as annexed to the writ petition shows that the said list is of Part-99 of Siporia Sapori PGR and Sl No.2607 pertains to Amul Suvan, son of Hazi Asmat, aged about 46 years of house No.968. A stand has been taken that the name of Amul Suvan is actually Abdul Sobhan and has been incorrectly spelled out in the voters list.

4. In order to establish the linkage with Abdul Sobhan, who the petitioner claims to be her father, reliance had been placed on the certificate issued by the Sarkari Gaonbura of village Panibharal of Sonitpur district. As per the said certificate, it is certified that he petitioner Hazara Khatun is the daughter of late Abdul Subhan of village Gorbhitor under Biswanath Chariali police station.

5. For verification of the certificate, the deposition of the Gaonbura is also being relied upon. In his deposition, the Gaonbura stated that he has been the Gaonbura of Gorvitor village for about 15 years and that he knows the petitioner Hazara Khatun and that her father is Abdul Sobhan of village Gorvitor. In cross examination, the Sarkari Gaonbura stated that he does not know from which year Abdul Sobhan has been residing in the village Gorvitor. It is further stated in cross examination that other than the petitioner Hazara Khatun, the witness does not know anything about the other daughters of Abdul Sobhan.

6. In order to establish the linkage, the petitioner further relies upon a certificate issued by the secretary of the Panibharal Gaon Panchayat, which is exhibited as Exhibit-D. On a question being asked as to whether the Secretary of the Panibharal Gaon Panchayat had been examined in order to verify the certificate issued, it has been stated that the Secretary of the Panibharal Gaon Panchayat had not been examined.

7. We have also looked into the record to ascertain as to whether any application was made before the Tribunal requesting for examining the Secretary of the Panibharal Gaon Panchayat to be a witness in the matter. But the record reveals that there was no such application. In the circumstance, we have to accept that the Secretary of the Panibharal Gaon Panchayat who is the author of the certificate dated 10.07.2016, which is exhibited as Exhibit-D was not examined before the Tribunal. As regards the relevance of the certificate issued by the Sarkari Gaonbura of Gorvitor village, we have taken note of that all that the said certificate as well as