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2025 Supreme(Gau) 1083

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KALYAN RAI SURANA, MALASRI NANDI
Musstt Moriom @ Moriom Nesa W/o- Md. Roshid @ Abdul Rashid – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
For the Appellant : MR S HUSSAIN, A JUBARIA,MR. H RAHMAN
For the Respondent: DY.S.G.I., SC, ECI,SC, F.T,GA, ASSAM

JUDGMENT :

M. Nandi, J

Heard Mr. R.C. Das, learned counsel assisted by Mr. S. Hussain, learned counsel for the petitioner. Also heard Mr. G. Sarma, learned Standing Counsel, F.T.; Mr. M.R. Adhikari, learned CGC; Mr. M. Kalita, learned counsel appears on behalf of Ms. P. Barua, learned Standing Counsel, ECI; and Mr. P. Sarmah, learned Additional Senior Government Advocate, Assam.

2. By filing this application under Article 226 of the Constitution of India, the petitioner has challenged the impugned order dated 28.02.2023, passed by the learned member, Foreigners Tribunal 4th, Nagaon, Juria, Assam in F.T. Case No.130/2016 [corresponding to Police Reference “D” Case No.2990/98, declaring the petitioner as foreigner].

3. The petitioner’s case, in brief is that the petitioner is a citizen of India by birth. The petitioner inadvertently did not append her own voter list before the learned Tribunal but exhibited some other relevant documents to link her with her projected parents. It is also the case of the petitioner that the name of her father has been reflected in the voter lists of 1966 and 1970. Her elder brother and sisters had also casted their votes in their respective constituency.

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