JUDGMENT :

N.Kotiswar Singh, J.

Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K. Dev Choudhury, learned Assistant Solicitor General of India, for respondent No.1; Mr. J. Payeng, learned special counsel, FT, appearing for respondent Nos.2 and 4 and Ms. K. Phukan, learned Government Advocate, Assam, appearing for respondent No.3.

2. In this petition, the petitioner has challenged the impugned opinion dated 21.08.2017 passed by the learned Member, Foreigners' Tribunal No.5th at Goalpara, in F.T. Case No.F.T./5/388/MO/2016 arising out of ERO Reference Case No.616-69/37, by which the petitioner has been declared as a foreigner of post 1971 stream.

3. We have also perused the records, which have been requisitioned.

4. In the present case, the reference was made by a letter of the Superintendent of Police (Border), Goalpara, under Memo No.GLP/B/Doubtful/2006/574, dated 30.08.2006 addressed to the Member, Foreigners' Tribunal, Goalpara, stating that as per Section 2(a) of the Foreigners Act, 1946, the case of a doubtful voter of Shri Samsul Hoque, S/O Fajal Rahman, Village-Dubapara, P.S.-Mornoi, District-Goalpara