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ACHINTYA MALLA BUJOR BARUA, ROBIN PHUKAN
Kalam Mondal, S/o. Basir Ali – Appellant
Versus
Union of India, Rep. by the Secy. to the Govt. of India, Deptt. of Home – Respondent
JUDGMENT :
A.M. Bujor Barua, J.
Heard Mr. A. Roshid, learned counsel for the petitioner and Ms. L. Devi, learned counsel for the respondents No. 1 and 6, being the Union of India. Also heard Mr. J. Payeng, learned counsel for the respondents No. 2 and 4 being the authorities in the Home Department, Ms. K. Phukan, learned counsel for the respondent No. 3, being the Deputy Commissioner, Barpeta and Mr. T. Pegu, learned counsel for the respondent No. 5, being the Election Commission of India.
2. The petitioner Kalam Mondal was referred to the Foreigners Tribunal No. 11, Barpeta, for an opinion as to whether he is a person who had entered the State of Assam subsequent to 25.03.1971 and consequently F.T. Case No. 1356/2017 was registered. Before the Tribunal, the petitioner exhibited the voters’ list of 1966 of village Bardonga, Mouza Rupshi in the Barpeta district wherein at Sl. No. 56 the name of Sukur Ali Mandal, son of Ujal and at Sl. No. 58 the name of Basir Uddin Mandal, son of Sukur Ali appear. The petitioner also exhibited the voters’ list of 1989 of village Bardonga, Mouza Rupshi in the Barpeta district wherein at Sl. No. 96 the name of Baser Mandal, son Sukur Mandal, at Sl. No. 9
The burden of proof rests on the claimant to provide consistent documentary evidence. When significant discrepancies exist in age, identity, and genealogical links across historical records, such evi....
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