JUDGMENT :

M. Nandi, J.

Heard Mr. A. Ali, learned counsel for the writ petitioner. Also heard Ms. S.T.,Khan for Ms. P. Barua, learned Standing Counsel, ECI; Mr. J. Payeng, learned Standing Counsel, FT and Mr. H.K. Hazarika, learned Government Advocate.

2. The petitioner has preferred this application under Article 226 of the Constitution of India against the impugned opinion dated 10.11.2020 in F.T. Case No. BNC/D/1222/2016 passed by the Foreigners’ Tribunal, Tezpur 5th , Biswanath Chariali, wherein the petitioner was declared foreigner of post 1971.

3. The case of the petitioner is that the petitioner was born and brought up at village Balidubi under Behali P.S (Now Ginjia) in the district of Biswanath (the then Tezpur), Assam. After her marriage, she was enlisted in voter list with her husband namely, Majibar of Niz Baghmari village of Biswanath district.

4. According to the petitioner, her father’s name was late Mukshed Ali whose name appeared in the voter list of 1959 onwards. And her father’s name was also recorded in the Patta, Jamabandi and Revenue record. After the death of the petitioner’s father, the name of her brother Soyed Badshah appea