Gauhati High Court

I.A.(Civil)/618/2026 of JOYNUDDIN SHEIKH Vs THE UNION OF INDIA and ORS on 7 June 2026

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GAHC010030242026 2026:GAU-AS:8011- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/618/2026 JOYNUDDIN SHEIKH SON OF LATE JALIPUDDIN SHEIKH, RESIDENT OF VILLAGE- KATLAMARI, POLICE STATION- LAKHIPUR, DISTRICT- GOALPARA, ASSAM VERSUS

GAHC010030242026

2026:GAU-AS:8011-

DB

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : I.A.(Civil)/618/2026

JOYNUDDIN SHEIKH

SON OF LATE JALIPUDDIN SHEIKH, RESIDENT OF VILLAGE- KATLAMARI, POLICE STATION- LAKHIPUR, DISTRICT- GOALPARA, ASSAM

VERSUS

THE UNION OF INDIA and ORS

REP BY THE SECRETARY,MINISTRY OF HOME AFFAIRS,GOVT OF

INDIA,SHASTRI BHAWAN,NEW DELHI-110001

2:THE STATE OF ASSAM

REP BY THE SECRETARY TO THE GOVT OF ASSAM

HOME DEPARTMENT

DISPUR

GUWAHATI

PIN-781006

3:THE ELECTION COMMISSION OF INDIA

REP BY THE CHIEF ELECTION COMMISSION

NIRVACHAN SADAN

ASHOKA ROAD

NEW DELHI-110001

4:THE STATE COORDINATOR

NRC

1ST FLOOR

ACHYUT PLAZA

G S ROAD

BHANGAGHAR

GUWAHATI

ASSAM-781005

5:THE DISTRICT COMMISSIONER GOALPARA

PO AND PS-GOALPARA

DIST-GOALPARA

ASSAM-783101

6:THE SUPERINTENDENT OF POLICE BORDER

GOALPARA

PO AND PS-GOALPARA

DIST-GOALPARA

ASSAM-78310

For the Applicant(s) : Ms. D. Ghosh, Advocate For the Respondent(s) : Mr. G. Bokolial, Govt. Advocate BEFORE

HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

Date : 08.06.2026

Heard Ms. D. Ghosh, the learned counsel appearing on behalf of the applicant. Mr. G. Bokolial, the learned Government Advocate appears on behalf of the Home Department of the Government of Assam.

2. None appears on behalf of the Union of India, the Election Commission of India, or the NRC.

3. This is an application seeking modification of the order dated 03.12.2025 passed in WP(C) No. 6794/2025. First and foremost, this application is not maintainable inasmuch as it is a well settled principle of law that a miscellaneous application cannot be filed in respect to a matter that has already been disposed of.

4. Be that as it may, this Court duly takes note of the submissions made by Ms. D. Ghosh, the learned counsel appearing on behalf of the applicant, that the applicant has been marked as a “D” voter in Goalpara District, where the applicant is a voter in the 39 No. Jaleshwar Legislative Assembly Constituency, whereas FT Case No. 205/2018 has been registered at Kamrup (M), Guwahati, Assam. The learned counsel submitted that there is a requirement of another reference to be made qua the marking of the applicant as a “D” voter before the Foreigners Tribunal, Goalpara.

5. The said submission is completely misconceived inasmuch as there cannot be two proceedings for adjudication of the question as to whether the applicant is a citizen of India or not.

6. It is the opinion of this Court that if the decision in FT Case No. 205/2018 is made in favour of the applicant, the same would duly cover the applicant's case for removal of the “D” mark against his name in the voter list.

7. Accordingly, the instant application, being misconceived, stands rejected.

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