JUDGMENT

M. Nandi, J

Heard Mr. U. Das, learned counsel for the petitioner. Also heard Mr. G. Sarma, learned Standing Counsel, FT Matters; Ms. P. Barua, learned Standing Counsel, ECI; Mr. T. Pegu, learned Standing Counsel, assisted by Mr. A.I. Ali, Standing Counsel, ECI; Mr. P. Sarmah, Addl. Sr. GA and Mr. H. Gupta, learned CGC.

2. The petitioner has preferred this writ petition under Article 226 of the Constitution of India against the opinion dated 02.04.2018, passed by the learned Member, Foreigners’ Tribunal No.5, Goalpara, in F.T. Case No. F.T./5/343/MA/16 arising out of IM(D)T Reference Case No.423/04, whereby it was held that the proceedee/petitioner herein is a foreigner of post 1971.

3. The case of the petitioner is that her father being an eligible voter had been enlisted in the voters’ list of 1966 and 1970 in no.45 Goalpara LAC of the then Goalpara district. Petitioner was born and brought up at Buduchar village under Matia Police Station in Goalpara district of Assam. She was given into marriage with one Md. Dilbahar Sheikh of Nigam Shantipur village under Matia Police Station. On attaining majority, her name has been enrolled in the vote