GAHC010122902017 2026:GAU-AS:6001-

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

Case No. : WP(C)/1106/2017 ABED ALI S/O LT. ABDUL JALIL, VILL- SIBERDABRI P.O. and P.S. BILASIPARA, DIST.

DHUBRI, ASSAM, PIN - 783348 VERSUS THE UNION OF INDIA and 3 ORS.

REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI-1.

2:THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI -6.

3:THE DEUTY COMMISSIONER DHUBRI DIST. DHUBRI ASSAM PIN - 783301.

4:THE SUPERINTENDENT OF POLICE B DHUBRI DIST. DHUBRI ASSAM PIN - 783301 Advocate for the Petitioner : MR.H R AHMED, MR A ISLAM Advocate for the Respondent : GA, ASSAMR2-4, ASSTT.S.G.I.(R1)

BEFORE HON’BLE MR. JUSTICE SANJAY KUMAR MEDHI HON’BLE MRS. JUSTICE SHAMIMA JAHAN Advocate for the petitioner(s): Mr.H.R. Ahmed Advocate for the respondent(s):Mr.G.Sarma, SC Home Department Mr.P. Sarma, GA, Assam, Mr.N.Kalita, Mr A.I. Ali, SC, ECI Date on which judgment was reserved :28.04.2026 Date of pronouncement of judgment : 30.04.2026 Whether the pronouncement is of the :

operative part of the judgment?:NA Whether the full judgment has been :Yes pronounced?

JUDGMENT AND ORDER (CAV)

(Shamima Jahan, J.)

Heard Mr. H.R. Ahmed, learned counsel appearing for the petitioner. Also

heard Mr. G.Sarma, learned Standing Counsel, Home Department, Mr. P. Sarma,

learned Government Advocate, Assam, and Mr N Kalita, learned counsel

representing Mr. A. I. Ali, learned Standing Counsel for the ECI.

2. By this application filed under Article 226/227 of the Constitution of India, the petitioner has challenged the opinion dated 05.10.2016, passed by the th learned Member, Foreigners’ Tribunal No. 7, Dhubri, at Bilasipara, in FT 7 Dhubri Case No. 54/CPR/16, corresponding to FT No. 368/CPR/11, whereby the petitioner was declared a foreigner of post-25.03.1971 stream.

FACTS

3. The petitioner has stated that his grandfather’s name is Late Johir Uddin Sk. @ Johir Uddin and that his name appeared in the voters’ list of 1959 vide Serial No. 73, House No. 18 at Village Mashaneralga, under 36 Bilasipara Assembly Constituency. Thereafter, in the year 1966 as well as in the year 1970, his grandfather’s name had appeared in the voters’ list of the said years vide Serial No. 10, House No. 4 and vide Serial No. 11, House No. 2, respectively, at Village- Suapata Part-II, under the aforesaid Assembly Constituency. It is stated that his grandfather shifted his residence to the aforesaid locality, which is a neighbouring village.

4. The petitioner, thereafter stated that his father and his mother, namely, Abdul Jalil and Abeda Begum filled up electoral form on 22.04.1993, wherein it is reflected that petitioner’s father is the son of Late Johir Uddin Sk. and that both the grandfathers and the father’s name of the petitioner appeared in the voters’ list of 1997, vide Serial No. 358 and 362, respectively, in House No. 156 at Village-Suapata Part-I of Dhubri district. It is also stated by the petitioner that his father expired in the year 2010 and that till his father’s death, his name, i.e., his father’s name was enlisted in the voters’ list. To further establish the linkage, the petitioner has relied on the family identity card, issued by the Government, which reflected the name of the father of the petitioner as son of Johir Uddin. Apart therefrom, he had also relied on the certificate issued by the Secretary of Mashaneralga Gaon Panchayat, certifying his father as son of Johir Uddin. The petitioner also relied upon the bank account maintained with the UCO Bank by his father, wherein his father was shown to be the son of Johir Uddin. Further, a land holding certificate dated 29.05.2013 issued by the Circle Officer, Bilasipara Revenue Circle was also relied upon to give effect to the fact that his father is the son of Johir Uddin. Furthermore, the petitioner also relied on a certificate issued by the Headmaster of Mashaneralga L P School, which disclosed that the petitioner i