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2024 Supreme(Gau) 1171

KALYAN RAI SURANA, SOUMITRA SAIKIA
Musstt Jamila Khatoon, W/o. Fakrul Islam, D/o. Fajar Ali Fakir – Appellant
Versus
Union Of India, Represented By The Secretary To The Govt. Of India, Department Of Home Affairs – Respondent


Advocates Appeared:
For the Petitioner: Mr. B.C. Das, Ms. M.D. Medhi.
For the Respondents: Mr. S.K. Medhi, CGC, Mr. A.I. Ali, SC, ECI, Mr. G. Sharma, SC, FT.

JUDGMENT :

(K.R. Surana, J.) :

Heard Mr. Bipin Chandra Das, learned counsel for the petitioner. Also heard Mr. S.K. Medhi, learned CGC, Mr. A.I. Ali, learned Standing Counsel for the Election Commission of India and Mr. G. Sharma, learned Standing Counsel for Foreigners’ Tribunal matters.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely Musstt. Jamila Khatoon, has assailed the opinion dated 16.03.2000, passed by the learned Member, Foreigners Tribunal 2nd, Nagaon in F.T. Case No. 1865/2011 [corresponding to S.P. Ref. Case No. 1471/1998], by which she was declared to be foreigner of post 25.03.1971 stream.

3. In her written statement, the petitioner has projected Miya Box as her grandfather, Fajar Ali @ Fajar Ali Fakir as her father and Kadbhanu as her mother. It was stated that name of her father appears in the voter list of 1965 in 86 Dhing L.A.C., Village Amlakhi, Mouza- Batradaba and that the name of the petitioner’s father and mother appears in the voter list of 1970 of same village. She has stated that her own name appears in the voter list of 1989 of 82 Roha L.A.C., Village- Babara Ati as Jamila Khatoon, wife of Fakrul and th

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