Decided on November 30,2018

Majiron Nessa Appellant
UNION OF INDIA Respondents


NANI TAGIA,J. - (1.) Heard Mr. U. Das, learned counsel for the petitioner as well as Ms. P. Baruah, learned counsel for respondent No.1; Mr. J. Payeng, learned counsel for respondent Nos. 2, 5 and 6; Ms. N. Upadhyay, learned counsel for respondent No.3 and Ms. A Verma, learned counsel for respondent No.4. By this petition, under Article 226 of Constitution of India, the petitioner has challenged the legality and validity of the order dated 04.08.2018 passed by the learned Member, Foreigners' Tribunal No. 5th, Goalpara in F.T. Case No. F.T./5/59/MA/17 (Reference Case No.459/2007) whereby the petitioner/opposite party has been held to be a foreigner, who had entered into Assam after 25.03.1971. A reference case against the writ petitioner/opposite party was initiated by Supdt. of Police, Goalpara under Foreigners Tribunal Act in F.T. Reference Case No. 459/2007 expressing doubt about the nationality of the opposite party, namely, Musst. Majiron Nessa of village - Nigam Santipur under PS- Matia in the district of Goalpara with a prayer to decide as to whether the opposite party is a foreigner. In view of Govt. W.T. Message No. PLB.101/2005/116 dated 19.07.2005, the case stood transferred to Foreigners' Tribunal No.5th, Goalpara. Accordingly, Notice was issued to the writ petitioner/opposite party and on receipt of the Notice, the opposite party filed her written statement.
(2.) In her written statement, it has been stated that she was born and brought up at village-Baguan Pt.-IV (Hahsorabari) under P.S.- Goalpara and Mojil Rahman and Sakara Khatun were her parents and Ajob Ali and Jamiran Nessa were her grandparents. The names of her grandparents were recorded in the Voter List of 1965 at village- Baguan Pt. IV under PS- Dudhnoi as Ajob Ali and Jamiran Nessa. The said names of her parents and grandparents also appeared in the Voter Lists of 1970 and 1979. Thereafter, she got married with one Amir Hussain, S/o Forid Sk. of village -Sidhabari Krishipam Nigam Pt.II under P.S.- Matia in the district of Goalpara and she was shifted to her matrimonial house. It is further stated that the writ petitioner/opposite party casted her first vote in the year 1985 along with her husband at village- Sidhabari Pt.II. Thereafter, her name also appeared in the Voter Lists of 1997, 2005 and 2016 at the same village- Sidhabari Pt.II.
(3.) In order to show that the names of parents and grandparents of the writ petitioner/opposite party were appeared in the Voter Lists of 1965, 1970 at village- Baguan Pt.IV under Dudhnoi PS in the district of Goalpara, the writ petitioner has exhibited the Voter Lists of 1965 and 1970 as Exhibits- A and B respectively.;

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