MALEKA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. W. Aman, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned CGC for the respondent no. 1; Mr. P. Pegu, learned counsel appearing on behalf of Mr. A. I. Ali, learned Standing counsel for the Election Commission of India, respondent No. 2; Mr. J. Payeng, learned Standing counsel for the Home Department, respondent Nos. 3 & 5 and Mr. R. Talukdar, learned Government Advocate appearing for the respondent No. 4. None appears for respondent No. 6.

(2.) By filing this writ petition, the petitioner has assailed the order/opinion dt. 4/1/2018 passed by the learned Foreigners Tribunal No. 10, Barpeta in F.T. Case No. 24/2016, by which, the petitioner/proceedee, Maleka Khatun has been declared foreigner of a post 1971 stream thereby, directed to be pushed back to the specified territory.

(3.) The case projected by the petitioner is that her parents are citizens of India by birth. The names of her father and mother are recorded in the 1966 voter-list. The name of her father Md. Mohammad Khan son of Nandu is recorded at Serial No. 341, House No. 117, Part No. 15, village-Kumullipara, Mouza-Ghilazari, Police Station-Barpeta, under 50 number Barpeta LAC in the State of Assam. Her mother's name is recorded in the 1966 voter-list as Sopiya Khatun at Serial No. 342 and same house number as her father. In the 1970 voter-list, the name of her father appeared at Serial No. 445, House No. 117, in the same village and the Police Station in the LAC. Her mother's name appeared in 1970 voter-list as Sapiya Khatun wife of Moham-mad at Serial No. 446 with the same house number. In the 1989 voter-list, the name of petitioner's father is recorded as Mohammad Ali Khan at Serial No. 85, House no. 276 with the same village and LAC. Her mother's name is recorded as Sokiya Khatun wife of Mohammad Ali Khan at Serial No. 86 and House No. 276. In the 1997 voter-list, petitioner is recorded as Maleka Khatun, daughter of Mohammad at Serial No. 103, House No. 32, village-Kumullipara, Mouza-Ghilazari, Police Station-Barpeta. Her mother's name is recorded as Sofiya Khatun wife of Moha-mmad at Serial No. 104 of the same voter-list. Since the father of the petitioner died before 1997, his name is not recorded in the 1997 and onwards voter-list.