HABILUDDIN (MD) @ HABIL ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. D Ghosh, learned counsel for the petitioner. Also heard Mr. AI Ali, learned counsel for the Election Commission of India and Mr. J Payeng, learned counsel for the State of Assam appearing for the Foreigners Tribunal and Border Areas, Ms. A Verma, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.

(2.) On being referred by the Superintendent of Police(Border) Nalbari, FT Case No. (GH) 358/2015 was registered in the Foreigners Tribunal 4th Nalbari at Ghograpar. In the written statement before the Tribunal, the petitioner took the stand that the name of his father is Hayet Ali, son of Ahmed, whose name appears in the voters list of 1966 and 1970 of village Mahish Khuti Nanke, Mouza Baguribari in the erstwhile Barpeta Sub-Division.

(3.) To that extent, the petitioner has exhibited the voters list of 1966 of village Mahish Khuti Nanke as well as the voters list of 1970 also of village Mahish Khuti Nanke, wherein Sl.No.159, House No.37 of the 1966 voters list of village Mahish khuti Nanke contains the name of Hayet Ali, son of Ahmed, aged about 60 years and Sl.No.160 is of Sarbhan Nessa wife of Hayet Ali aged about 35 years. Similarly the voters list of 1970 of village Mahish Khuti Nanke also contains the name of Hayet Ali and Sarbhan Nessa at Sl. No.181 and 182 respectively.