(1.) Heard Mr. A W Aman, learned counsel for the petitioner as well as Mr. J Payeng, learned counsel for the State, Foreigners Tribunal, Ms. B Das, learned counsel for the Election Commission of India and Ms. G Hazarika for the learned Asstt. SGI and NRC.
(2.) The opinion dated 01.11.2019 passed by the Member Foreigners' Tribunal No. 7, Barpeta in F.T. Case No. 238/2017 is challenged in this writ petition. On the basis of the reference of the Superintendent of Police (B), Barpeta, the aforesaid proceeding in FT case No. 238/2017 was initiated. The petitioner as the proceedee filed written statement claiming herself to be the citizen of India by birth. She filed her evidence on affidavit along with another witness. The petitioner relied the following documents:
(3.) The petitioner projected the name of her parents as Abu Bakkar Miya and Raymon Nessa. Her grandfather was Mafiz Miya and name of the cousin grandfather was Atowar. In support of the said contention, the petitioner relied Ext. B and C which are the voter lists of 1966 and 1970 respectively. The voter list of 1966 consists of three entries namely Tohijuddin son of Mofijuddin, Abu Bakkar Miya son of Mofijuddin and Roymon Nessa wife of Abu Bakkar. In the voter list of 1970, the name of Taijuddin Miya son of Mofijuddin and Roymon Nessa wife of Abu Bakkar Miya were recorded. The name of Abu Bakkar Miya the projected father of the petitioner is not found in the said voter list of 1970 nor there any explanation to that effect. The petitioner in her cross-examination admitted the fact that she did not disclose the date of death of her father. In her cross-examination, she further stated that she could not remember when her father casted vote after the year 1970. However, she had stated that her father expired. She was married in year 1988 and one year before her marriage, her mother expired. Further, in her cross, the petitioner stated that her father were two brothers and the name of the brother was Taijuddin but she does not know the name of his wife. She admitted the fact that the name of her uncle appeared in the voter lists of 1966 and 1970 as Tahijuddin Miya.