Gauhati High Court
WP(C)/6658/2022 of LAKHI SARKAR Vs UNION OF INDIA AND 5 ORS on 4 August 2026
GAHC010205152022 2026:GAU-AS:10835-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6658/2022 LAKHI SARKAR W/O- LATE DEBEN SARKAR @ RAJESWAR SARKAR, D/O- LT. BHAGYADHAR TRINAT SAMADDAR, VILL- KUKURJAN,P.S.- GOHPUR, DIST.- BISWANATH, ASSAM,
GAHC010205152022
2026:GAU-AS:10835-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6658/2022
LAKHI SARKAR
W/O- LATE DEBEN SARKAR @ RAJESWAR SARKAR, D/O- LT. BHAGYADHAR TRINAT SAMADDAR, VILL- KUKURJAN,P.S.- GOHPUR, DIST.- BISWANATH, ASSAM, PIN- 784168.
VERSUS
UNION OF INDIA AND 5 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, DEPARTMENT OF HOME AFFAIRS, NEW DELHI- 01, INDIA.
2:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-06
ASSAM.
3:ELECTION COMMISSION OF INDIA
REPRESENTED BY THE ELECTION OFFICER
BISWANATH
ASSAM.
4:NATIONAL REGISTER OF CITIZENS
ASSAM
REPRESENTED BY THE STATE COORDINATOR
1ST FLOOR
ACHYUT PLAZA
BHANGAGARH
GUWAHATI-7
ASSAM.
5:THE DEPUTY COMMISSIONER
BISWANATH
BISWANATH CHARIALI
ASSAM.
6:THE SUPERINTENDENT OF POLICE (B)
BISWANATH
ASSAM
Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : ASSTT.S.G.I., SC, ECI,SC, NRC,SC, F.T,GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
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ORDER
Date : 05.08.2026 (K.R. Surana, J)
Mr. L. Gogoi, learned counsel for the petitioner has produced a copy of death certificate dated 28.02.2025 in respect of the petitioner, namely, Lokhi Sarkar, whose date of death is indicated as 04.02.2025. On a query of the Court, that as certain consequences are attached to the opinion passed by the learned Foreigners Tribunals, whether any family member of the deceased petitioner desire to substitute themselves as petitioner, learned counsel for the petitioner has submitted that all the other family members are declared to be Indian citizen and the deceased petitioner was only declared to be a foreigner. Accordingly, it is submitted that none of the family members are interested to substitute themselves on behalf of the petitioner. Ms. A. Verma, learned standing counsel for the FT and NRC, Mr. P. Sarmah, learned Addl. Senior Govt. Advocate, Mr. R. Sarma, learned CGC and Mr. A.I. Ali, learned standing counsel for the ECI appears on behalf of the respondents. Accordingly, this writ petition stands abetted on death of the petitioner. The Registry shall send back the records of the Tribunal along with a copy of this order to be made a part of record by the said learned Tribunal. The learned standing counsel for the FT and Border matters shall communicate a downloaded copy of this order to the Home and Political (B) Department for their information.
JUDGE JUDGE Comparing Assistant