LAKSHAN CH DAS @ LAKHYAN CH DAS @ LAKHAN DAS Vs. UNION OF INDIA AND 3 ORS REP BY MINISTRY OF HOME AFFAIRS, GOVT OF INDIA

JUDGEMENT

(1.) Heard Mr. M.A. Sheikh, learned counsel for the petitioner. Also heard Mr. A.I. Ali, learned counsel for the Election Commission of India, 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 Senior Superintendent of Police, (Border), City, Guwahati, F.T. Case No.1681/2015 was registered in the Foreigners Tribunal, Kamrup (M), 2nd at Guwahati. Before the Tribunal, the petitioner in his written statement took the stand that the forefather of the petitioner had migrated to Nagaon district from the erstwhile East Pakistan via Karimganj Border in the year 1947 and the then Government had allowed them to reside in the Nagaon district. But the father of the petitioner along with some other families shifted their residence to Village Khoirabari and had purchased a land there.

(3.) The stand was taken that the name of the father of the petitioner appeared in the voter list of 1965 and 1970 pertaining to village Khoirabari, Mouza-Silpota in the erstwhile Darrang district. The petitioner exhibits the voter list of 1965 and 1970 of village Khoirabari, Mouza-Silpota of the Darrang district, wherein, the name of Aswani Das, son of Mandhob aged 40 years appears at Serial No.192 and that Surbala, wife of Aswani aged 30 years appears at serial No.193. The petitioner claims that Aswani Das of 1965 voter list is his father.