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2019 Supreme(Gau) 1026

UJJAL BHUYAN
Sayamuddin – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Appellant :A.M. Borbhuiya and J.U.N.M. Laskar, Advocates
For the Respondent:D. Barua, U.K. Nair and A. Verma, Advocates

JUDGMENT :

UJJAL BHUYAN, J.

1. Heard Mr. A.M. Borbhuiya and Mr. JUNM Laskar, learned counsel for the petitioner; Mr. D. Barua, learned Standing Counsel, Election Commission of India; Mr. U.K. Nair, learned Sr. Special Counsel, Foreigners Tribunal; and Ms. A. Verma, learned Standing Counsel, State Coordinator, National Registrar of Citizens (NRC).

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents to remove the tag of doubtful (D) voter against his name in the electoral roll.

3. According to the petitioner he was a voter of Samuguri Constituency in the district of Nagaon but in the voter list of 1997 he was marked as "D" voter. Since then he has been continued to be marked as "D" voter thereby depriving him from exercising his right of franchise. Petitioner has questioned the process by which he was marked as "D" voter. According to the petitioner, he cannot be treated as a "D" voter for an indefinite period. A decision has to be taken one way or the other regarding his status. It is with such grievance that the present writ petition has been filed.

4. Notice in this case was issued on 9.1.2019.

5. Case is being heard

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