GAHC010149042019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/4695/2019 FATEMA KHATOON D/O LT. AMSAR ALI @ AMSAR ALI DEWAN, W/O HARUN @ HARUN RASHID, R/O- DHAKAI BOSTI (RUPAHI TOWN), P.O. RUPOHI, P.S.

RUPOHIHAT, DIST. NAGAON, ASSAM.

VERSUS THE UNION OF INDIA AND 8 ORS.

REP. BY THE SECRETARY, HOME DEPTT., NEW DELHI, INDIA.

2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT.

DISPUR GUWAHATI-6.

3:THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN BHAVAN NEW DELHI.

4:THE STATE ELECTION COMMISSIONER OF ASSAM DISPUR GUWAHATI-6.

5:THE STATE COORDINATOR NATIONAL REGISTRAR OF CITIZENS (NRC)

ASSAM GUWAHATI.

6:THE FOREIGNERS REGIONAL REGISTRATION AUTHORITY (FRRA)

NAGAON ASSAM.

7:THE DEPUTY COMMISSIONER CUM RETURNING OFFICER DISTRICT- NAGAON ASSAM.

8:THE SUPERINTENDENT OF POLICE NAGAON

9:THE SUPERINTENDENT OF POLICE (B)

NAGAON DIST. NAGAON ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA, MR. B SAHARIA,MS. M MEDHI Advocate for the Respondent : ASSTT.S.G.I., SC, F.T,SC, NRC,SC, ECI BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

ORDER

Date : 09-03-2026 (K.R. Surana, J)

Heard Mr. A.M. Borbhuiya, learned counsel for the petitioner. Also heard Ms. S. Baruah, learned CGC; Mr. A.I. Ali, learned standing counsel for respondent no.3; Mr. G. Sarma, learned standing counsel for respondent nos. 2, 5, 6, 8 and 9; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate for respondent no.7.

2) It may be stated that no notice or copy of the writ petition is found to have been served either on the respondent no.4, i.e., the State Election Commission of Assam or on its learned standing counsel. Therefore, the name of the said respondent is ordered to be struck off, without affecting the seriatim of the respondents.

3) By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Musstt. Fatema Khatoon, has assailed the ex parte opinion dated 15.09.2016, passed by the learned Member, Foreigners rd Tribunal 3 , Nagaon, in F.T. Case No. NFT.(No.3)(D) 450/2015 [Corresponding to D/ Case No. 2831/98], by which the petitioner was declared to be a foreign national as per Section 2(a) of the Foreigners Act, 1946, by holding that the petitioner had failed to discharge her burden of proof under Section 9 of the Foreigners Act, 1946 to dispel the doubt that she is not a foreigner.

4) Aggrieved by the said ex parte opinion, the petitioner had filed a review petition for vacating the said ex parte opinion, being Petition No. 1953/2018 of NFT (No.3) Misc. Case No. (M) 9/18 [FT (No.3) Case No. 450/15(D) and FT (No.1) Case No. 3149/12 (D)]. It may be stated that the Misc. Case was filed under Order 3(1)(a) of the Foreigners (Tribunals) Order, 1964 read with Order IX, Rule 13 and 19 read with Section 151 CPC for vacating the ex parte opinion. Petition No. 1953/2018 was filed for condoning the delay in filing the petition to vacate the ex parte opinion. The said application was dismissed by order dated 30.03.2019.

5) It transpires from the ex parte opinion dated 15.09.2016 and the order dated 30.03.2019 that the petitioner had entered appearance in the proceeding on 11.09.2012, and she had filed her written statement on 15.12.2012 with photocopies of a few documents. Thereafter, on the next two dates, by filing Petition Nos. 179/15 and 143/16, the petitioner sought for time, which was allowed. However, the petitioner remained absent without steps on and from 29.03.2016. Thereafter, the ex parte opinion was passed on

15.09.2016.

6) In her application for condonation of delay and in the application for setting aside the ex parte opinion, the petitioner had stated that from 28.03.2016 till the ex parte opinion was passed, the petitioner could not appear before the learned Tribunal due to illness and her doctor had advised her complete bed rest. It was projected that as there was no person in the family, she