PHILIP APETO Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S. Lodh, learned counsel appearing for the petitioners. Also heard Mr. SS Dey, learned Advocate General assisted by Ms. A. Chakraborty , learned counsel appearing for State respondents, Mr. D. Bhattacharjee, learned GA assisted by Mr. S. Saha, learned counsel appearing for State Election Commission, Mr. B. Majumder, learned Assistant SG appearing for Election Commission of India, Mr. A. Debbarma, learned counsel and Mr. B. Debbarma, learned counsel appearing for respondents-TTAADC.

(2.) The petitioners belong to Bru (Reang) community, at present, settled in the State of Tripura and are residing within TTAADC area. It is not disputed that consequent upon serious ethnic violence in Mizoram between the Reangs and Mizo communities, the influx of Bru (Reang) families living in Mizoram (particularly from Mamit, Lunglei and Kolasib Districts) occurred in Kanchanpur Sub-Division under North Tripura District in two phases (from October, 1997 till September, 1998 and second in November, 2009), total influx of Bru migrants involved 7,364 families consisting of 38,072 persons and they are settled in seven relief camps in North Tripura District. On 16/1/2020, a Quadripartite Agreement was signed amongst the Government of India, Government of Tripura, Government of Mizoram and Representative of Bru Organizations for the permanent rehabilitation of Bru migrants in Tripura. The Agreement gave a comprehensive package for each family being rehabilitated and clear timelines for the said resettlement. As per agreement, names of the Bru families will be included in the Records of Residence (for short, "RoR") of the respective Village Committee/ Panchayat after their resettlement. In the agreement, it is specifically stated at sub-para 4.9 of para 4, which reads as under:

(3.) It is the grievance of the petitioners that as per the Agreement, the State Election Commission (for short, "SEC") is under obligation to include their names in the electoral rolls for any election conducted in the State of Tripura and without including their names in the electoral rolls, no election can be conducted. They have become the voters of this country as well as this State. It is further stated that the petitioners have every right to exercise their franchise like other citizens of the country.