JAGAT CHETRI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. D Ghosh, learned counsel for the petitioner, Mr. PK Medhi, learned CGC for the respondent No. 1, Mr. G Sarma, learned counsel for the respondents No. 2 and 3 being the authorities in the Home Department of the Government of Assam, Ms. L Devi, learned counsel for the respondent No. 4 being the authorities in the NRC, Mr. A I Ali, learned counsel for the respondent No. 5 being the Election Commission of India and Ms. U Das, learned counsel for the respondent No. 6 being the Deputy Commissioner, Kamrup (M).

(2.) The petitioner Jagat Bahadur Chetri had been referred by the Electoral Registration Officer (in short ERO) of 52 Dispur Legislative Assembly Constituency for an adjudication as to whether he is a citizen of India, in other words, whether he is a person who entered the State of Assam, subsequent to 25/3/1971 from the specified territory. The order of reference itself provides that the ERO had got the matter verified by on the spot local verification on the question as to whether the petitioner Jagat Bahadur Chetri had entered the State of Assam subsequent to 25/3/1971.

(3.) The on the spot verification report was submitted by the local verification officer namely, Sri Prakash Borah, Assistant Geologist in the Directorate of Geology and Mining, Government of Assam. Clause-4 of the on the spot verification report provides that the date of birth of Jagat Bahadur Chetri is 1937 and the place of birth is Dibrugarh.