GAHC010022622026

2026:GAU-AS:4058-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1392/2026 MD HUSSAIN ALI S/O LATE NIRASHA SHEIKH, R/O VILL.- BIHUDIA PS- KHARUPETIA DIST.-

DARANG, ASSAM.

VERSUS THE UNION OF INDIA and othrs REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF INDIA, HOME AFFAIRS DEPARTMENT, NEW DELHI-01.

2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI 06.

3:THE ELECTION COMMISSION OF INDIA NEW DELHI-01 INDIA.

4:THE STATE CO ORDINATOR NRC ASSAM BHANGAGARH GUWAHATI 05

5:THE DISTRICT COMMISSIONER DARRANG MONGALDAI DIST.- DARRANG ASSAM. PIN- 784115

6:THE SUPERINTENDENT OF POLICE DARRANG DISTRICT- DARRANG ASSAM. PIN- 78411 Advocate for the Petitioner : MS K TAYE, MS. M KHATUN,MR A ALI Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, NRC,SC, ECI,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

ORDER

18.03.2026 Date :

(K.R. Surana, J)

Heard Mr. A. Ali, learned counsel for the petitioner. Also heard Mr. B. Deka, learned CGC; Mr. G. Sarma, learned standing counsel for the FT and Border matters; Ms. S. Katakey, learned standing counsel for the ECI; and Ms. R.B. Bora, learned Jr. Govt. Advocate for the State respondent.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Md. Hussain Ali, has assailed the impugned ex parte opinion dated 30.07.2019, passed by the learned Member, Foreigners rd rd Tribunal (3 ), Darrang, Mangaldai, in F.T. (3 ) Case No. 3282/2012, arising out of Ref- IM(D)T Case No. 960/2004, by which he was declared to be a foreigner of post 25.03.1971 stream.

3. The learned counsel for the petitioner has submitted that the is a bona fide Indian citizen by birth, permanently residing in Village Bihudia under Kharupetia Police Station in the district of Darrang, Assam. It is submitted that the petitioner has never shifted his residence and belongs to a family whose citizenship is well established through historical records. His father’s name appears in the voter lists of 1958, 1966, and 1971, and subsequent electoral rolls, thereby establishing legacy data prior to the cut-off period. The petitioner has also pointed out a minor discrepancy in the spelling of his father’s name in official records, clarifying that the actual name is Nirasha Sk, but the same is incorrectly recorded in the case record as Nirosha Sk. It is further submits that his own name, along with those of his family members, appears continuously in voter lists from 1985 up to 2018, and that they have exercised their voting rights in their constituency. In addition to electoral records, he relies on multiple supporting documents such as NRC records, Aadhaar card, PAN card, School Leaving Certificate, and land revenue payment receipts to establish his identity, linkage, and citizenship. The petitioner states that he initially appeared before the learned Tribunal and filed his written statement. However, he failed to appear in subsequent dates due to a bona fide misunderstanding that the matter had been concluded, compounded by lack of communication from his engaged advocate. Additionally, the intervening COVID-19 pandemic and his migration to Karnataka for livelihood further prevented him from following up on the case.

4. Accordingly, the learned Tribunal proceeded ex parte and passed the opinion dated 30.07.2019 declaring the petitioner to be a foreigner. The petitioner claims that he remained unaware of this development until November 2025, when he returned to his native village. Thereafter, he promptly applied for and obtained a certified copy of the impugned order in January 2026 and has filed the present writ petition without intentional delay.

5. It is submitted that there is no other efficacious or alternative remedy available to the petitioner and that denial of relief would result in grave prejudice and