MONOWARA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. H. Ali, learned counsel for the petitioner, Mr. A Ali, learned counsel for the Election Commission of India, Mr. J. Payeng, learned standing counsel for the State of Assam appearing for the Foreigners Tribunal and Border Affairs, 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), Dhubri, FT Case No.1874/F/2017 was registered against the petitioner before the Foreigners Tribunal No.2, Dhubri. In the written statement, the petitioner took the stand that her grandfather is Rostam Ali son of Hossain Munshi and her grandmother is Solema Khatun. It was also stated that the grandfather of the petitioner married two women namely Solema Khatun @ Solemon Bibi and Somuri Khatun @ Mayuri Khatun. A stand was also taken that the father of the petitioner was from a family of four brothers and five sisters namely, Sayed Ali @ Abdul Sayed i.e. the father of the petitioner, Bellal Hossain, Abdul Kader @ Kader Ali and Rabial Hoque being the brothers and Tara Banu Bibi, Hazera Khatun, Maleka Khatun, Firoza Khatun and Sukuri Khatun being the daughters. It was also stated that the petitioner's family comprises of four sisters and three brothers namely, Saleha Khatun, Monowara Khatun i.e. the petitioner, Soneka Khatun and Mousumi Khatun being the sisters and Golam Hossain, Ismail Hossain and Nalchand Ali being the brothers. A stand was also taken that the name of the grandfather of the petitioner appears in the voters list of 1966 and 1970 of village 209 Manirchar bearing House No.05 and 113 respectively and that the name of the father of the petitioner appears along with her grandfather Rustam Ali in the voters list of 1977 also of village Manirchar. The petitioner had exhibited the voters list of 1966 pertaining to village Manirchar, where the name of Rustam Ali age 42 years and Solema Khatun age 39 appears. In the voters list of 1970 of village Manirchar, the name of Rustam Ali age 46 and Solema Khatun age 43 appears.

(3.) In the voters list of 1977 of village Manirchar, the name of Rustam Ali, Solema Khatun, Sayed Ali, Shamuri Khatun, Bellal Hussen and Rahima Khatun appears against Sl Nos. 431 to 436 in respect of house No.98, where the age of Sayed Ali is shown as 28 years and Rahima Khatun as 21. Similarly, the voters list of 1985 of village Manirchar shows Abdul Sayed, age 32 and Rahima Bibi age 28 years, so does the voters list of 2010 of village Manirchar showing Sayed Ali son of Rustam Ali age 55 years and Rahima Khatun wife of Sayed Ali age 50 years.