JUDGMENT :

A.M. Bujor Barua, J.

Heard Ms. H Betala, learned counsel for the petitioner. Also heard Ms. L Devi, learned counsel for the respondents no. 1 and 4 being the authorities under the Union of India, Ms. A Verma, learned counsel for the respondents no. 2, 5, 7, 8 and 9 being the authorities under the Home Department of the Government of Assam, Mr. A Ali, learned counsel for the respondent no. 3 being the Election Commission of India and Ms. K Phukan, learned counsel for the respondent no. 6 being the Deputy Commissioner, Goalpara.

2. The petitioner Abu Samad Ali was referred to the Foreigners Tribunal Kamrup (Metro) No. 2 at Guwahati for rendering an opinion as to whether he entered the State of Assam subsequent to 25.03.1971, which resulted in the registration of FT Case No. 568/2015. 7. The Tribunal in its order dated 04.05.2019 in FT Case No. 568/2015 declared the petitioner as foreigner who entered the State of Assam subsequent to 25.03.1971. Being aggrieved this writ petition is instituted.

3. Before the Tribunal the petitioner exhibited the voters’ list of village 222 Nayapara Part II, PS Goalpara, Circle Matia in the Goalpara district which contained the names of Mosiruddin Seikh, S/O Janab Ali Mondal at Sl. No. 66 and Jabedan Nessa, W/O Mosiruddin Sheikh at Sl. No. 69. The petitioner also exhibited the voters’ list 1970 of village Nayapara Part I which contained the name of Mosiruddin Munchi, S/O Jonab Ali at Sl. No. 65 and Jobedan Nessa, W/O Mosiruddin Ali at Sl. No. 68. The petitioner exhibited the voters’ list of 1985 of village Nayapara Part I which contained the names of Jabedon Bewa, W/O Mosoruddin at Sl. No. 581, Harej Ali M:, S/O Mosoruddin at Sl. No. 582 and Jorina Khatun, W/O Harej at Sl. No. 583. The petitioner further exhibited the voters’ list of 1989 of village Nayapara Part I which contained the names of Jabedon Bewa, W/O Mosiruddin Ali at Sl. No. 526, Harej Ali, S/O Mosiruddin Ali at Sl. No. 527, Bilaton Nessa W/O Harej Ali at Sl. No. 528 and Jorina Nessa, W/O Harej Ali at Sl. No. 529. The voters’ list of 1997 of village Nayapara Part I contains the name of Harej Ali Mondal, S/O Mosiruddin Sheikh at Sl. No. 152 and Jarina Khatun, W/O Harejali Mondal at Sl. No. 153. The voters’ list of 2010 of village Nayapara Part I is also exhibited by the petitioner which contains the name of Harej Ali Mondal, S/O Mosor Ali Mondal at Sl. 182, Jarina Khatun, W/O Harej Ali Mondal at Sl. No. 183, Abu Samad Ali, S/O Harej Ali Mondal at Sl. No. 184.

4. To substantiate the claim of the petitioner the petitioner also adduced the evidence of Harej Ali Mandal @ Harej Ali. In paragraph 5 of the evidence-in-chief, Harej Ali Mandal @ Harej Ali, S/O Mosiruddin Munshi @ Mosiruddin Seikh stated that his father is Mosiruddin Munshi @ Mosiruddin Seikh and that Mosiruddin Munshi @ Mosiruddin Seikh was the son of Jonab Munshi and Khobiron Bewa and out of the wedlock two children were born namely Jomiruddin Munshi and Mosiruddin Munshi @ Monsiruddin Seikh. In paragraph 12 of the evidence, Harej Ali Mondal @ Harej Ali stated that he married twice, first with Jorina Khatun the mother of the petitioner Abu Samad Ali and out of the wedlock six children were born and for the second time with Bilatan Nessa and out of the wedlock one children namely Billal Ali was born.

5. In the questions put by the Tribunal to Harej Ali Mandal @ Harej Ali, no suggestions were made that Mosiruddin Munshi @ Mosiruddin Seikh are two different persons or that Harej Ali Mandal @ Harej Ali are also two different persons.

6. The evidence of Abu Kamal Azad being the Superintendent In-Charge of Nayapara High School was also brought in by the petitioner. The Superintendent In-Charge of Nayapara High School Abu Kamal Azad in his deposition stated that the certificate issued from his school provided that the father of the petitioner is Harej Ali Mandal @ Harej Ali and that the said information had been extracted from the admission register of the school, contents of whic