JUDGMENT & ORDER :

M. Thakuria, J.

This writ petition is against the ex parte order/opinion dated 17.05.2017 passed by the learned Member, Foreigners Tribunal, Hojai, Sankardev Nagar in Case No. FT/H/2175/2012, whereby the petitioner has been declared as a foreigner under the Foreigners Act, 1946, who had illegally entered into the territory of India after 25.03.1971.

2. Though, the learned Member, Foreigners Tribunal, Hojai, Sankardev Nagar, who passed the said ex parte order dated 17.05.2017 has been made a party respondent No. 8 herein, but according to us the said respondent is not a necessary party for proper adjudication of the case. Accordingly, the respondent No. 8 be struck off from the cause title.

3. Heard Mr. N. Islam, learned counsel for the petitioner. Also heard Mr. A.

I. Ali, learned Standing Counsel, Election Commission of India for respondent No. 2; Ms. A. Verma, learned Standing Counsel, Home Department, Assam for respondent Nos. 3, 5 & 7 and Mr. R. Talukdar, learned Government Advocate, Assam for respondent No. 6.

4. In pursuance of a reference made by the Superintendent of Police (Border) of Nagaon District (as it was then, now Hojai), Case No. FT/H/2175/2012 was acc