JUDGMENT :

ACHINTYA MALLA BUJOR BARUA, J.

1. Heard Ms. D. Ghosh, learned counsel for the petitioner, Mr. U.K. Goswami, learned CGC for the respondents in the Union of India, Mr. J. Payeng, learned counsel for the respondents in the Home Department of Government of Assam, Mr. A.I. Ali, learned counsel for the respondents in the Election Commission of India, Mr. K.K. Parasar, learned counsel for the respondents in the NRC and Ms. U. Das, learned counsel for the Deputy Commissioner, Barpeta.

2. The petitioner Karful Nessa had been referred to the Foreigners Tribunal No. 10, Barpeta for rendering an opinion as to whether she is a person who entered the State of Assam on or after 25.03.1971 from the specified territory which resulted in registration of Case No. F.T. 384/2016. The Tribunal rendered its opinion dated 13.02.2018 declaring the petitioner to be a person who entered the State of Assam on or after 25.03.1971 and accordingly directed that she be pushed back to the specified territory in exercise of the powers under Section 13(3) of the Foreigners Tribunal Order, 1964. Being aggrieved, this writ petition is instituted.

3. In the writ proceeding, the petitioner relies upon the voters list of 1966 of village 129 Baladmari Part-IV, police station-Goalpara in the present district Goalpara, which contains the name of Kobat Akond son of late Saraf Uddin at serial No. 6 and that of Fuljan Nessa wife of Kobat Akond at Serial No. 7 as well as Gendeli Bewa wife of late Saraf Uddin at serial No. 8. Reliance is also placed on the voters list of 1970 of village 129 Baladmari Char Part-IV under Goalpara police station, which also contains the name of Kobat Akond, son of Late Saraf Uddin at Serial No. 9, Fuljan Nessa wife of Kobat Akond at Serial No. 10 and Gendeli Bewa, wife of late Saraf Uddin at Serial No. 11.

4. In the writ proceeding, the petitioner relies upon a certificate dated 18.11.2016 of the Secretary, Baladmari Char Gaon Panchayat as well as the evidence rendered by Imon Ali (Dewani), where his father’s name is not very legible except for his surname Akond, who is also a resident of village Baladmari Char as DW-2 and that of Karim Akand, son of late Kobath Akand, aged about 53 years, resident of village Baladmari Char Part-II under Goalpara police station.

5. If the petitioner can establish that she is the daughter of Kobat Akond whose name appears in the voters list of 1966 and 1970 of village Baladmari Char Part-IV, the petitioner would discharge her burden under section 9 of the Foreigners Act, 1946 (in short Act of 1946) to show that she is a citizen of India. To discharge the said burden, the petitioner, firstly as indicated above, relies on the certificate issued by the Secretary, Baladmari Char Gaon Panchayat, where the Secretary of the Gaon Panchayat had not been examined by the petitioner in support of the said certificate. But, as the certificate had been relied upon, we take note of the contents thereof which is extracted as below:

“S. No. 3365

GOVT. OF ASSAM

OFFICE OF THE 51 NO. BALADMARI CHAR GAON PANCHAYAT

BALADMARI CHAR

NO. BCGP/V/CERT/2016-17

Dated: 18.11.2016

TO

WHOM IT MAY CONCERN

This is the certify that Sri/Smti Karful Bewa S/o, D/o, W/o, Shri/Late Kobad Akand Village 2 - No. Baladmari Char P.O. Baladmari Char P.S.

Goalpara Dist Goalpara (Assam)

I wish his/her all success in life.

This Certificate is valid for Linkage Certificate purpose only.

N.B. Her father name is record in the electoral roll 1966 vide S. No. 6 and house no. 3 at village 199 baladmari PT-IV P.O. Goalpara, District Golapara under 45 east Goalpara LAC.

She had married with LT Kofer Ali S/o LT Ijar Pramanik at Village Katajhar Pathar, P.O. Katajhar Pathar, P.S. Gobardhana, District Barpeta (Assam)

To the best of my knowledge the above statement is true.”

6. The certificate dated 18.11.2016 which also has its own issue number, contains that Karful Nessa is the daughter of Kobad Akand of village No. 2 Baladmari Char under Goalpara police station in the Goalpara d