SUBHASH GHOSH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. D. Ghosh, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel for the respondent No.1 being the Union of India and respondent No.4, Mr. J. Payeng, learned counsel for the Home Department of Government of Assam being the respondent No.2, 6, 7 and 8, Mr. T. Pegu, learned counsel for the respondent No.3 being the Election Commission of India and Ms. U. Das, learned Advocate for the respondent No.5 being the Deputy Commissioner, Morigaon.

(2.) The petitioner, namely, Subhash Ghosh @ Subhash Chandra Ghosh was referred to the Foreigners' Tribunal No.1, Morigaon for rendering an opinion as to whether he is a person who had entered the State of Assam from the specified territory on or after 25/3/1971, resulting in registration of Case No.F.T. (C) 809/2006. The Tribunal rendered an opinion dtd. 9/1/2020, that the petitioner is a foreigner. Being aggrieved this Writ Petition is instituted.

(3.) The petitioner before the Writ Court relies upon the Voters List of 1966 of Kharupetia Town, Ward No.3 in the present Darrang District, which contains the name of Nityananda Ghosh, son of Mahananda at Sl. No.630 and that of Mankhushi Ghosh, wife of Nityananda at Sl. No.631 and both are shown to be residing in the same House No.151. To establish that he is the son of Nityananda Ghosh of Kharupetia Town, Ward No.3, the petitioner relies on a school certificate issued by the Headmaster of Dhaniram L.P. School, Kharupetia which contains the information that Subhash Chandra Ghosh is the son of Nityananda Ghosh of Village Kharupetia under the Dalgaon Police Station. If the information contained in the school certificate is correct the petitioner may have established that he is the son of Nityananda Ghosh of Kharupetia Town, Ward No.3 and accordingly would be a citizen.