KESHMATI NAMASUDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. D Ghosh, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC appearing on behalf of respondents in the Union of India as well as for the authorities in the NRC, Mr. J Payeng, learned counsel for the State respondents in the Home Department of Government of Assam, Mr. T. Pegu, learned counsel for the Election Commission of India and Mr. NK Das Das, learned counsel for the Deputy Commissioner, Kamrup(M).

(2.) The petitioner Keshmati Namasudra had been referred to the Foreigners Tribunal No. 4, Kamrup(M) for rendering an opinion as to whether she is a person who entered the State of Assam from the specified territory on or after 25/3/1971 resulting in registration of Case No. FTK(M)-4th -1345/2017, wherein an opinion dtd. 30/7/2022 was given that the petitioner is a foreigner. Being aggrieved, this writ petition is instituted.

(3.) In the writ proceeding, the petitioner relies on the voters list of 1971 of village Dipujijan Pam, Mouza mayang in the erstwhile Nagaon district presently Morigaon district, which contains the name of Nimai Biswas son of Ratanmani at serial No. 676 and Suradhani Biswas wife of Nimai at serial No. 677 and both of them are shown to be residing in the same house No. 7. Subsequent voters list containing the name of Nimai Biswas and Suradhani Biswas in respect of the years 1985, 1997, 2010 are also available in respect of the same village Dipujijan Pam. The petitioner relies upon a certificate of the Secretary of Pachim Mayong Gaon Panchayat dtd. 29/6/2015, which contains the information that the petitioner Keshmati Biswas is the daughter of late Nimai Biswas and Shudhani Biswas of village Dhipujijan Pam. The Secretary of the Gaon Panchayat had also been examined as DW-4, wherein in the cross examination, he had stated that he had issued the certificate on the basis of some legacy data of the father of the petitioner as well as some certificate issued by the Government Gaon Bura.