JUDGMENT :

N. Kotiswar Singh, J.

1. Heard Mr. L.R. Mazumder, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K. Dev Choudhury, learned Asstt. Solicitor General of India for the respondent No. 1 as well as appearing as standing counsel, NRC, for respondent No. 6; Mr. A. Kalita, learned special counsel, FT, appearing for respondent Nos. 2 and 5; Mr. A. Bhuyan, learned standing counsel, ECI, appearing for respondent No. 3 and Ms. K. Phukan, learned Junior Government Advocate, Assam, appearing for respondent No. 4.

2. The present petition has been filed challenging the impugned order dated 17.12.2018 passed by the learned Member, Foreigners Tribunal No. 3, Kamrup (Metro), Guwahati, Assam, in F.T. Case No. 357/2017, by which the petitioner was declared as a foreigner/illegal migrant.

3. The learned Tribunal while coming to the aforesaid conclusion, had made the following observations:

4. As regards Exbt.-1, which is the NRC of the year 1966, the same was held to be not reliable and as such, we do not wish make any comment at this stage. As regards Exbt.-2, which is a certified copy of handwritten voters' list of 1966, the learned Tribunal noted that by cutting the name of Munsher Ali, the name of Bakshi Mia was written against the name of Felijan Nessa and it was observed that the document has no evidentiary value as the same has not been proved in accordance with law. However, we have noted that the petitioner is claiming to be the son of Munsher Ali and as far as the entry of Munsher Ali is concerned, there is no such overwriting. Further, as far as the aforesaid overwriting is concerned, the earlier name was recorded as Munsher Ali and thereafter it was replaced by Bakshi Mia. Thus, Felijan Nessa was shown to be the wife of Munsher Ali, which was corrected by writing as Bakshi Mia. Therefore, the aforesaid correction does not appear to be wholly irrelevant. Be that as it may, we made no observation at this stage.

5. Further as regards Exbt.-3, which is a certified copy of the voters' list of 1970, the name of one Nabiran Nessa, W/O Munsher Ali is recorded, but the learned Tribunal observed that the petitioner nowhere stated either in his written statement or in his evidence-in-affidavit that his mother's name is also Nabiran Nessa. We made no observation except that as regards other particulars of Nabiran Nessa i.e. her husband's name as well as the name of the village and other relatives shown in the said voters' list that does not appear to be any discrepancy, thus indicating that Nabiran Nessa may be Jamiran Nessa. However, we made no observation at this stage. As such, the observation made by the learned Tribunal that the mother's name of the petitioner, namely, Jamiran Nessa, W/O Munsher recorded in Exbt.-4 is not the same person in Exbt.-3 i.e. Nabiran Nessa, W/O Munsher, we reserve our opinion at this stage for the reason that the matter has been remanded to the learned Tribunal for re-consideration. As mentioned above, particulars of the documents i.e. Exbts.-3 and 4 all otherwise appear to be similar as the said voters' lists of 1970 and 1997 pertain to Alipur village and the names of other relatives appear to be similar.

6. As regards Exbt.-5, the electoral roll of 2010, the learned Trial Court observed that the name of the wife of Zonab Ali did not appear. We do not wish to make any comment as to whether non-mentioning of the wife of a person in the voters' list can render any such voters' list unreliable. As far as Exbt.-6 is concerned, the learned Tribunal observed that mere enlistment of a name in the voters' list or obtaining an electoral photo identity card is not a proof of citizenship. While we agreeing with the aforesaid observation, it can certainly be provided as a corroborating evidence, if not the sole basis for proof of citizenship.

7. As regards Exbt.-7, which is a Gaonburah Certificate, the learned Tribunal did not accept the same on the ground that the