JONALI DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. U. Das, learned counsel for the petitioner. Also heard Mr. U.K. Nair, learned senior special standing counsel, Foreigners Tribunal, appearing for respondent Nos.2, 5 and 6; Ms. G. Sarma, learned CGC appearing for respondent No.1; Mr. D. Baruah, learned standing counsel, Election Commission of India, appearing for respondent No.3 and Ms. U. Das, learned standing counsel, NRC appearing for respondent No.4.

(2.) Challenge in this writ petition is to an order 03.03.2012 passed by the learned Member, Foreigners Tribunal No.1, Goalpara, in F.T. Case No.2172/G/08, whereby the petitioner was held to be an illegal migrant of post-1971 stream. The petitioner has also challenged an order dated 07.07.2018 passed in Misc. Case No.3/2018 arising from the F.T. Case No.2172/G/2008, whereby, the application filed by the petitioner on 26.06.2018 under Order 9 Rule 13 of the CPC read with Order 3(1) & (2) of the Foreigners Tribunals (Amendment) Order, 2013, praying for setting aside the ex parte order dated 03.03.2012 was rejected.

(3.) Subsequent to the notice received by the petitioner, the petitioner had entered appearance and had filed written statement on 30.11.2010. It appears from the order of the learned Tribunal dated 002012 that the case was fixed on 29.01.2011, 24.02011, 16.05.2011, 21.06.2011, 02.08.2011, 06.09.2011, 17.10.2011 and 30.11.2011. On 04.01.2012 last chance was granted and on 04.01.2012 the petitioner did not appear. However, the learned counsel for the petitioner filed a petition praying for one more adjournment and accordingly, 20.02.2012 was fixed giving last chance. On 20.02.2012 another petition was filed praying for grant of time. Considering that ample opportunity was granted to the petitioner, the learned Tribunal was not inclined to grant further time.