A quasi-judicial authority must consider all relevant evidence and materials in its decision-making to ensure validity and prevent arbitrary conclusions.

JUDGMENT :

(K.R. Surana, J.)

Heard Mr. P.C. Dey, learned counsel for the petitioner. Also heard Mr. J. Sarma, learned CGC for the Union of India; Mr. H.K. Hazarika, learned Govt. Advocate for the State; Mr. G. Sarma, learned standing counsel for the FT matters and NRC and Mr. M. Islam, learned counsel, appearing on behalf of Mr. A.I. Ali, learned standing counsel for Election Commission of India.

2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner, Jaytan Bibi, has assailed the opinion dated 08.11.2016, passed by the learned Member, Foreigners Tribunal No.(8th), Dhubri in FT Case No. 8/149/GKJ/2015, bearing FT Case No. 4645/GKJ/2011, arising out of Ref. IM(D)T Case No. 5917/98, by which she was declared to be a foreigner of post 25.03.1971 stream.

3) On receipt of notice of the proceedings, the petitioner had filed her written statement on 19.12.2015 and claimed that she was a genuine citizen of India and there was no reasonable ground to declare her as foreign national. She had stated that before her marriage with Nausad Ali of village- Kaimari Part-V, she was residing with her parents at village- Shilghagri, under Boxirhat P.S., Dist. Coochbehar, West Bengal. Her father’s name is Abbas Ali Sk. @ Sk. Abbas, whose name is recorded in the voter list of 1966 of village- Balakuti under Tufanganj (SC) Assembly Constituency. Her mother’s name is Surjya Bibi @ Surjya Bewa and her brother’s name is Ismail Miya. Later on, her father had shifted his village to Silghagri and on 02.11.1981, he had purchased a plot of land from Jafor Ali Sk. The name of her father is recorded as final khatian holder vide khatian no. 45, Mouza- Silghagri, Coochbehar, West Bengal and the names of her parents were recorded in the voter list of 1975 of the said village. She had stated that her name was entered in ration-card on 18.11.1988 as Mossamad Jayton Nessa. After her marriage with Nausad Ali, she has been residing with her husband at village Kaimari Part-V and her name is entered in enumeration list of 1997 and 2004. Her mother, Surjya Bibi @ Surjya Bewa has an election identity card.

4) In her written statement, the petitioner had annexed the following documents, viz., (1) Gaon Panchayat Certificate from Bhanukumari-II Gaon Panchayat; (2) certified copy of the voter list of 1966; (iii) sale deed; (4) ration card; (5) enumeration list of 1997; (6) enumeration list of 2004; (7) final khatian; (8) voter list of 1975; (9) voter identity card.

5) Thereafter, on 03.02.2016, the petitioner had filed her evidence-on-affidavit as DW-1 and by reiterating what has already been stated in her written statement, exhibited the Gaon Panchayat certificate (Ext.1); copy of application for information issued by O/C, Election, S.D.O. Office, Tufanganj containing remark that Sekh Abbas, son of Ajimuddin of village- Balakuti was an elector in the year 1966 under Tufanganj (SC) A.C. in part no. 51, serial no. 44 (Ext.2); sale deed (Ext.3); ration card (Ext.4); enumeration list of 1997 (Ext.5); enumeration list of 2004 (Ext.6); final khatian (Ext.7); voter list of 1975 (Ext.8); elector voter identity card (Ext.9); sale deed dated 25.01.1965 by which her mother and father had purchased land (Ext.10); enumeration list of 1993 (Ext.11). On 25.02.2016, the petitioner was examined by the learned Tribunal and discharged.

6) In support of her case, the petitioner had examined Ismail Miya, her projected broth