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2015 Supreme(Gau) 527

BIPLAB KUMAR SHARMA
Rukia Begum – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For Appellant :A.R. Sikdar, Advocate
For Respondents: S.C. Keyal, ASGI and B.J. Ghosh, G.A.

JUDGMENT :

Biplab Kumar Sharma, J.

1. This writ petition was filed on 7.5.2013 challenging the ex-parte order dated 16.1.2010 of the Foreigners Tribunal (2nd) Barpeta in FT (2nd Tribunal) Case No. 302/2006 (Union of India Vs. Rukia Begum). Thus, the writ petition was filed after more than three years and no explanation has been furnished as to the cause of delay. The Tribunal had to pass the impugned order ex-parte, when the petitioner failed to discharge her burden of proof as envisaged under Section 9 of the Foreigners Act, 1946 by adducing evidence. After filing of the written statement, she remained absent throughout the proceeding as will be evident from the impugned judgment dated 1.6.2010 and also on perusal of the records received from the Tribunal.

2. The reference against the petitioner was initiated way back in 1997. When there was intensive revision of electoral roll as per the order of the Election Commission of India, it was suspected that the name of the petitioner was wrongly included in the draft electoral roll published on 24.7.1997 pertaining to 47 Chenga Assembly Constituency, accordingly an enquiry was conducted by the Verification Officer and on completion of the

















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