A.M. Bujor Barua, J.

Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Mr. AI Ali, learned counsel for the Election Commission of India and Mr. J Payeng, learned 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 petitioners were referred by the Superintendent of Police, Borders, Nagaon for a determination as to whether they are foreigners, who had entered India from the erstwhile East Pakistan to Assam between 1966 to 1970 and since then have been residing in the village No.1, Pipal-Pukhuri, P.S: Lanka. The petitioners appeared before the Tribunal and submitted their written statement but thereafter, remained absent and did not participate in the further proceedings.

3. Before the Tribunal, the Investigating Officer had deposed that when he had visited the place where they were staying and had required them to produce any relevant document to show that they had entered India prior to 1966, the petitioners had failed. Based on the aforesaid material being produced, the Tribunal by its order dated 16.06.1993 had declared that the petitioner came to India from the erstwhile East Pakistan between the years 1966 and 25.03.1971.

4. Although a writ petition was preferred by the petitioners against the order of the Tribunal being Civil Rule No.2263/1994, but by the order dated 25.09.2002, the petitioners were required to get themselves registered before the Regional Foreigners Registration Office at Nagaon. As the petitioners were not registered, the authorities sought to deport them from the Territory of India and in the circumstance the writ petition has been preferred.

5. In this writ petition, the petitioners pray for a direction that they be allowed to register themselves before the Regional Foreigners Registration Office as provided under Section 6A(3) of the Citizenship Act of 1955.

6. We have perused the provisions of Section 6A(3) which is as follows:

(3) Subject to the provisions of sub-sections (6) and (7), every person of Indian origin who-

(a) came to Assam on or after the 1st day of January, 1966 but before the 25th day of March, 1971 from the specified territory; and

(b) has, since the date of his entry into Assam, been ordinarily resident in Assam; and

(c) has been detected to be a foreigner, shall register himself in accordance with the rules made by the Central Government in this behalf under section 18 with such authority (thereafter in this sub-section referred to as the registering authority) as may be specified in such rules and if his name is included in any electoral roll for any Assembly or Parliamentary constituency in force on the date of such detection, his name shall be deleted therefrom. Explanation.-In the case of every person seeking registration under this sub-section, the opinion of the Tribunal constituted under the Foreigners (Tribunals) Order, 1964 holding such person to be a foreigner, shall be deemed to be sufficient proof of the requirement under clause (c) of this sub-section and if any question arises as to whether such person complies with any other requirement under this sub-section, the registering authority shall,-

(i) if such opinion contains a finding with respect to such other requirement, decide the question in conformity with such finding;

(ii) if such opinion does not contain a finding with respect to such other requirement, refer the question to a Tribunal constituted under the said Order hang jurisdiction in accordance with such rules as the Central Government may make in this behalf under section 18 and decide the question in conformity with the opinion received on such reference.

7. The requirement of registering with the Foreigners Registration Authority under Section 6A(3) of the Citizenship Act is subject to the following conditions precedent:

(i) that the proce