JUDGMENT

P.J. Saikia, J. - Heard Mr. P. Sharmah, learned counsel for the petitioner. Also heard Ms. G. Hazarika, learned CGC, representing respondent no. 1; Ms. B. Das, learned Standing Counsel, Election Commission, representing no. 2; Mr. J. Payeng, learned Standing Counsel, Foreigners Tribunal, representing respondent nos. 3, 5 & 6; and Ms. U. Das, learned Standing Counsel, NRC, representing respondent no. 4.

2. In this writ petition, the petitioner, Md. Iddrish Ali, has assailed the opinion dated 05.09.2018, passed by the Foreigners Tribunal, Jorhat, Assam, in Case No. FTG(D) 486/2011, declaring him to be a foreigner.

3. On a reference made by the competent authority, the Tribunal issued notice to the petitioner asking him to prove his Indian Citizenship. He appeared before the Tribunal and filed a Written Statement, wherein, he claimed that he is the son of Ali Box, who is also known as Ali Box Ali. His grandfather was Lt. Joidor. He claimed that Oli Box is his paternal uncle. The petitioner has stated in the Written Statement that he has been residing at Village No. 2, Kairigaon under Sarupather Police Station in the District of Golaghat, Assam. According to the petitioner, he is actually a permanent resident of a village Moiradhwaj under Dhing Police Station in the District of Nagaon, Assam. His grandfather and father are also residents of the said Village.

4. The petitioner further stated in the Written Statement that in the year 1983, there was a flood in his Village so he had shifted to No. 2, KairigaonVillageatSarupather. He has stated that in the years 1985 & 1989, he had casted vote in Moiradhwaj Village. He was born and brought up in that Village. His grandfathers name appeared in the Voter List of 1965. The petitioner claimed that since 1965 to till 1989, his family used to cast their votes at Moiradhwaj Village. But, when he shifted to No. 2, Kairigaon Village, his name was displayed in the Voter List of Golaghat District as D voter. So, since 1997, he has been shown in the Voter List as D voter.

5. During the hearing of the case, the petitioner produced the following documents before the Tribunal -

1) Exhibit-1 is the Village Gaon Bura Certificate stating the petitioner to be resident of No. 2, Kairigaon Village;

2) Exhibit-2 is another Village Gaon Bura Certificate stating the petitioner to be resident of Moiradhwaj Village;

3) Exhibit-3 is the Voter List of 1965, wherein, Ali Box and Oli Box appeared;

4) Exhibit-4 is the Voter List of 1970, wherein, Ali Box and Oli Box appeared;

5) Exhibit-5 is the Voter List of 1975, wherein, Ali Box and Oli Box appeared;

6) Exhibit-6 is the Voter List of 1985 displaying the name of the petitioner;

7) Exhibit-7 is the Voter List of 1989 displaying the name of the petitioner with his wife;

8) Exhibit-8 is the Certificate issued by the Election Officer, Dhansiri, Sarupather certifying the petitioner to be a D voter;

9) Exhibit-9 is another certificate issued by the Election Officer, Dhansiri,Sarupather certifying the petitioner to be a D voter;

10) Exhibit-10 is another certificateissued by the Election Officer, Dhansiri, Sarupather certifying the petitioner to be a D voter; and

11) Exhibit-11 is the copy of Jamabandi containing the names of the projected father and the projected uncle of the petitioner.

6. On conclusion of the hearing, the Tribunal rejected the evidence and declared the petitioner to be a foreigner.

7. We have carefully gone through the opinion of the Tribunal. Here at this stage, we would quote the manner of appreciation of Exhibits 6 & 7 by the Tribunal. It reads as under -

'Exts. 6 and 7 are the certified copies of the voters lists of 1985 and 1989 respectively wherein, the said OP himself is named. The said OP has admitted that his is presently 65 years of age meaning thereby, that he born sometime in 1953. He was qualified to get his name enrolled in the voter list in 1974 but surprisingly, he is not named even in 1975 (Ext 5).

Moreover, as specifically i