WP(C)/4344/2026 of MALEKA BEGUM ALIAS MALIKA BEGUM Vs THE UNION OF INDIA AND 5 ORS on 16 August 2026

ORDER

17.08.2026 Heard Shri S. I. Talukdar, learned counsel for the petitioner. Also heard learned CGC; Shri J. Payeng, learned Standing Counsel, Home and NRC Department; Shri A. I. Ali, learned Standing Counsel, ECI and Shri G. Bokalial, learned State Counsel.

2. Considering the facts and circumstances and as agreed to by the learned counsel for the parties, this petition is taken up for disposal at the motion stage. This Court has also been apprised that the similar matters have been disposed of.

3. The grievance of the petitioner is the action of the authorities in marking ‘D’ against the name of the petitioner in the voter list of village Mamudpur Pt-II under the Goalpara East LAC. It is the case of the petitioner that such marking was without any notice or intimation or even verification of any documents. It is the case of the petitioner that she is a permanent resident of the village Barbalupara, PS Matia. She further claims that she is presently residing at village Khakhelipara under 14 No. Goalpara East LAC in the district of Goalpara. The learned counsel for the petitioner accordingly prays for a direction for consideration of her case and direct the appropriate authority for removal of the ‘D’ from her name.

4. On the other hand, learned counsel for the respondents have submitted that a procedure had been laid down to adjudicate the matter where the persons are aggrieved by marking ‘D’ against their names in the voter list and the present case can also be dealt with by the same procedure.

5. Shri A. I. Ali, the learned Standing Counsel, ECI has placed before this Court an order dated 18.01.2022 passed by this Court in WP(C)/267/2022 by which a case of similar nature has been disposed of. By the said order, this Court had observed that the issue involved would require factual determination and the appropriate forum would be the concerned Foreigners Tribunal, as a Writ Court in exercise of its powers under Article 226 of the Constitution of India may not have adequate means and expertise to decide the question of fact which are disputed. It was further directed that the Superintendent of Police of the concerned district would verify the case of the petitioner and thereafter refer the matter to the concerned Foreigners Tribunal which will deal with the matter in accordance with law.

6. Following the aforesaid order, the present case is also disposed of by directing Superintendent of Police (Border), Goalpara to examine and verify the case of the petitioner and if on such verification it is found that the case of the petitioner is yet to be referred to the concerned Foreigners Tribunal, to immediately refer the case to the concerned Tribunal which in turn would examine the claim of the petitioner.

7. In view of the prayer made for removal of marking ‘D’ in the voter list from the concerned No. 14 Goalpara East LAC, Reference, if not made till now, be made within a period of 2 (two) months from the date of receipt of a certified copy of this order. Upon such reference being made, the petitioner may participate in such proceedings and establish her claim before the Tribunal.

8. The writ petition accordingly stands disposed of.

JUDGE Comparing Assistant