JYOTSHNA MANDAL Vs. UNION OF INDIAN

JUDGEMENT

(1.) Heard Mr. AR Sikdar, the learned counsel appearing for the petitioner. The Central Government is represented by Mr. S. Sarma, the learned Central Govt. counsel. The respondent Nos.2 4 are represented by Mr. M. Bhagabati, the learned Govt. Advocate, Assam.

(2.) On a reference made under Section 8(1) of the Illegal Migrant (Determination) Tribunal Act, 1983 (hereinafter referred to as the 'the IM(D)T Act'), the petitioner was declared to be an illegal migrant within the meaning of Section 3(c) of the IM(D)T Act and accordingly the judgment dated 30.12.2002 (Annexure-1) in the IMDT Case No.1268/2001 of the Mangaldoi IM(D) Tribunal is under challenge in this case. The Appellate Tribunal affirmed the adverse declaration through the impugned judgment dated 18.12.2003 (Annexure-3) in the Appeal Case No.42/2003. The petitioner thus challenges the appellate order and the expulsion notice No.9/2003, dated 8.9.2003 (Annexure-2), issued by the S.P. (Border), Mongaldoi.

(3.) Before the Tribunal the petitioner contended that she is an Indian citizen and her father's name is Sirish Chandra Sen, S/o. Late Girish Chandra Sen and that her father was enrolled as a voter in the 1965 Electoral Roll of the Rangia Legislative Assembly Constituency (LAC). She claimed to have been born in the Bokulguri village within Tamulpur P.S. of Kamrup District and after her marriage to Prafulla Mandal, the petitioner settled down in Mangaldoi in Darrang District. But in the 1965 Voter List (Annexure-4), the surname of the petitioner's predecessors were wrongly reflected as 'Sarkar' instead of 'Sen' and therefore the IM(D) Tribunal refused to accept the 1965 Voter List, where the family surname was wrongly reflected as 'Sarkar'. Primarily on this basis, the reference was answered against the petitioner and she was declared to be an illegal migrant.