GITA BISWAS Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. Paul, learned counsel for the petitioner. Also heard Ms. A. Borgohain, learned counsel for respondent No.2, Mr. A. Kalita, learned counsel for respondent Nos.3, 5, 6 and 7. None appears on call for the respondent Nos.1 and 4.

(2.) By this writ petition filed under Article 226 of the Constitution of India, the petitioner has assailed the order dated 09.05.2016, passed by the learned Member, Foreigners Tribunal, Baksa at Tamulpur in Misc. Case No. 26/BAKSA/2015 [Misc. Case No. 61/2015 (Old)] arising out of F.T. Case No. 653/BAKSA/2015 [F.T. (Nal) B Case No. 1983/07 (Old)].

(3.) By an ex parte order dated 18.03.2013, passed by the learned Tribunal in F.T. (Nal) B Case No. 1983/07, the petitioner was declared to be a foreigner. Thereafter, the petitioner filed an application before the learned Tribunal for setting aside the ex parte order, which was rejected by order dated 07.08.2015. Against the said two orders, the aggrieved petitioner had moved this Court by filing a writ petition, which was numbered as W.P.(C) No. 5914/2014. By order dated 09.10.2015, this Court had allowed the writ petition by setting aside the order dated 07.08.2015 and the matter was remanded back to the learned Tribunal for fresh consideration of the application for setting aside the ex parte order. This Court had also directed that the petitioner would be entitled to file fresh petition along with supporting documents. Accordingly, the petitioner was directed to appear before the learned Tribunal on or before 10.11.2015.