JUDGMENT :

(M. Thakuria, J.) :

Heard Mr. M. Hoque, learned counsel for the petitioner. Also heard Mr. U.K. Goswami, learned CGC for the respondent No.1; Mr. A. I. Ali, learned Standing counsel, Election Commission of India for the respondent No.2 as well as Mr. J. Payeng, learned Standing counsel, Home Department, Assam for the respondent Nos. 3 & 5.

2. This application is filed under Section 226 of the Constitution of India praying for issuance of a writ in the nature of Mandamus, Certiorari and/or any other appropriate writ, order or direction of like nature.

3. On being referred by the Superintendent of Police (Border), Darrang, Mangaldai, Assam, the learned Member, Foreigners’ Tribunal No. 3rd, Darrang, Mangaldai in F.T.(3) Case No.3222/2012 (Ref. F.T. Case No.442/2007) by the impugned order/opinion dated 19.06.2023 declared the petitioner to be a foreigner under the Foreigners’ Act, 1946, who had illegally entered into the territory of India (Assam) on or after 25.03.1971 without any valid document.

4. Being aggrieved and dissatisfied with the said impugned order/opinion dated 19.06.2023 passed by the learned Member, Foreigners’ Tribunal No. 3rd, Darrang, Mangaldai in F.T.(3) Case