AMIR ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B. Islam, the learned counsel for the petitioner Also heard Ms. A. Verma, the learned Standing Counsel, Home Deptt.; Shri G. Sarma, the learned Standing Counsel, NRC; Shri P. Sarma, the learned Government Advocate, Assam and Shri A. I. Ali, learned Standing Counsel, ECI.

(2.) By this application filed under Article 226 of the Constitution of India, the petitioner has sought for invoking the extraordinary power under the said Article for setting aside the opinion rendered by the Foreigner's Tribunal No. 1st, Morigaon, Assam in Case No. F.T. (C) 333/2006, corresponding to Police Reference I.M.(D)T. Case No. 555, dtd.: 4/3/1986, whereby the petitioner was declared as a foreigner post 1971, stream.

(3.) Facts: The petitioner, in order to establish that, he is not a foreigner and he is an Indian citizen had relied on the Voters List of 1966, by which it was shown that the father of the petitioner, namely, Akkash Ali, appeared as a voter and that, the mother of the petitioner, namely, Jamiran Nessa also appeared as a voter in the said list. In the said voter list, the projected father of the petitioner was at Serial No. 43 and the projected mother of the petitioner was at Serial No. 37 and the place of residence was shown at village- Balimukh, Mozua- Pakariya, Police Station- Morigaon, in the District of Nagaon.