JUDGMENT :

Suman Shyam, J.

Heard Mr. J. Ahmed, learned counsel appearing for the petitioner. We have also heard Mr. J. Payeng, leaned Standing Counsel, Foreigners Tribunal, appearing for the respondent nos. 2, 3, 4 and 5. None has appeared for the respondent no.1.

2. In this writ petition, the order dated 29/03/2017 passed by the learned Member, Foreigners Tribunal (4th), Goalpara, Assam, in FT Case No. 427/2016, corresponding to ERO Case No. 627 88/ 38 declaring the petitioner as a foreigner, has been put under challenge.

3. The case projected by the petitioner in the written statement, reduced to its essence, is as follows :-

The petitioner is one of the sons of late Ahmed Ali and Musstt. Piarjan Bibi and was born in India in the village Kantapur, PS-Lakhipur in the district of Goalpara. According to the petitioner, his father Ahmed Ali had cast his vote along with his family members in the year 1966 from village Kantapur on the basis of entry of his name in the voters' list of 1966. After the death of Piarjan Bibi, the father of the petitioner had re-married Jorimon Nessa, who belonged to Aolatoli village but soon after their marriage, Ahmed Ali had also expired leaving behind the pe