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 alongwith other connected cases.

6. Learned counsel for the petitioner submits that Electoral Registration Officer should either forward the case of the petitioner to the jurisdictional Superintendent of Police or he should remove the tag of "D" voter if there are no materials to justify marking of the petitioner as a "D" voter. Either way, an early decision is warranted since the issue has implication as to the citizenship status of the petitioner.

7. Mr. D. Baruah, learned Standing Counsel, Election Commission of India has submitted a compilation of documents wherefrom he submits that if the Electoral Registration Officer has any doubt about the citizenship status of a person whose name appears in the draft electoral roll, he gets the matter verified through the Local Verification Officer who makes an on the spot verification whereafter he submits report. On consideration of such report if the Electoral Registration Officer has reasonable doubt that the person concerned is not a citizen of India he forwards the matter to the jurisdictional Superintendent of Police for getting an opinion from the competent Foreigners Tribunal after marking such person as "D" voter in the voters list. His further submission is that all cases of "D" voters do not necessarily arise from such an exercise by the Electoral Registration Officer. As per order of this Court dated 23.03.2011 passed in WP(C) No. 1334/2019 (Momeja Khatun Vs Union of India), persons whose cases are pending before the Foreigners Tribunals are also marked as "D" voters in the voters list.

8. Mr. U.K. Nair, learned Senior Special Counsel submits that exercise carried out by Electoral Registration Officer is a quasi judicial exercise under the Representation of People Act, 1951. Once Electoral Registration Officer expresses reasonable doubt on the basis of local enquiry that a person is a doubtful citizen, further enquiry by the administrative authority led by the Superintendent of Police may not be warranted as Superintendent of Police cannot sit over the enquiry and prima-facie decision forwarded by the Electoral Registration Officer. Responding to the submission of Mr. Barua, Mr. Nair submits that jurisdictional Superintendent of Police may be directed to make a reference in respect of the petitioner to the concerned Foreigners Tribunal after ascertaining whether any previous reference has been made in the case of the petitioner. He further submits that Superintendent of Police may be directed to intimate the Border wing of Assam Police regarding making of such reference since Border Police is in the process of compiling a common data base of foreigners and those whose cases are pending before the Foreigners Tribunals in the State of Assam. This will help in proper monitoring of the references and