JUDGMENT AND ORDER (ORAL)

Date : 07-02-2019 (AM Bujor Barua, J)

Heard Mr. SS Sharma, learned senior counsel for the petitioner. Also heard Mr. AI Ali, learned counsel for the Election Commission of India and Mr. J Payeng, learned counsel for the State of Assam appearing for the Foreigners Tribunal and Border Areas, Ms. A Verma, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.

2. On being referred by the authorities, vide PE No.153/99, Case No. BNGN/FT/CHR/1319/08 was registered in the Foreigners’ Tribunal, Chirang against the present petitioner. Vide the order dated 12.12.2016, the Tribunal arrived at the conclusion that the father of the petitioner, Naresh Ch. Saha had migrated from the erstwhile East Pakistan in the year 1965 along with his family members and acquired Indian citizenship on 05.02.1979 by registration. It was also concluded in the order that the petitioner who was a minor at that relevant point of time had also migrated to India along with his father.

3. From the said findings arrived at by the Tribunal, logical conclusion should have been that the petitioner had migrated to