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2024 Supreme(Gau) 1316

MANASH RANJAN PATHAK, SUSMITA PHUKAN KHAUND
Nirakul Sarkar S/o Late Paresh Sarkar – Appellant
Versus
Union of India, Rep. by the Secretary, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: H.N. Sarma.
For the Respondents: G. Sarma, P. Sarma, A.I. Ali.

JUDGMENT :

SUSMITA PHUKAN KHAUND, J.

1. Heard Mr. H.N. Sarma, learned counsel for the petitioner. Also heard Mr. G. Sarma, learned Standing Counsel, Home Department, Assam for the respondent Nos. 2 & 4, Mr. P. Sarma, learned Additional Senior Government Advocate, Assam for the respondent No. 3 as well as Mr. A.I. Ali, learned Standing Counsel, Election Commission of India for the respondent No. 5.

2. The petitioner Sri Nirakul Sarkar has filed this application under Article 226 of the Constitution of India, praying for issuance of a writ in the nature of mandamus, or certiorari or any other appropriate writ and set aside the impugned order/opinion dated 30.04.2011 passed by the learned Member, Foreigners Tribunal (1st) at Morigaon, Assam in F.T. (D) Case No. 229/2006. The Union of India, Commissioner & Secretary to the Government of Assam - Home Department, Deputy Commissioner - Morigaon, the Superintendent of Police (SP for short) - Morigaon, Commissioner - Assam State Election Commission, the State Coordinator of NRC and the Foreigners Tribunal (1st), Morigaon are arrayed as respondent Nos. 1, 2, 3, 4, 5, 6 and 7 respectively.

3. It is submitted that the petitioner is a layman and a

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