ATIFA BEGUM BARBHUIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. FU Barbhuiya, learned counsel for the review petitioner. Also heard Mr. D Baruah, 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 Hazarika, learned counsel for the authorities under the Union of India.

(2.) By the judgment and order dated 31.01.2019 in WP(C)No.7292/2018, the writ petition under certiorari jurisdiction preferred by the petitioner against the judgment and order dated 02.08.2018 of the Foreigners' Tribunal No.4th, Cachar at Silchar in Case No.F.T 4th/D/325/2015 was given its consideration. In the writ petition, the contention raised was that the petitioner is the daughter of Toyakul Ali (who is also referred in some of the documents on record as Tuakul Ali), son of Late Mofur Ali, whose name appeared in the voters list of 1965 of village Bhairabpur Part II, EP No.75, Circle No.5, House No.15, Sl.No.74 and further that the name of her mother was Moirun Nessa, whose name also appeared immediately after Toyakul Ali in the voters list of 1965.

(3.) The petitioner also relied upon the voters list of 1985 of village Bhairabpur Part II, EP No.60, House No.52, Sl.No.175, where the name of the petitioner appeared along with Wakul Ali, son of Late Mofur Ali, which also contained the name of Koirun Bibi, wife of Wakul Ali aged 40 years at Sl. No.174.