LAWS(GAU)-2019-9-57

HUSSAIN ALI Vs. UNION OF INDIA

Decided On September 25, 2019
HUSSAIN ALI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned senior counsel for the appellant. Also heard Mr. D. Baruah, learned Standing Counsel, Election Commission of India assisted by Mr. A. Ali, learned counsel; Mr. U.K. Nair, learned senior counsel and Standing Counsel, Foreigners' Tribunal, Ms. U. Das, learned Standing Counsel, NRC, and Mr. T.C. Chutia, learned Additional Senior Government Advocate, Assam, for the respondents.

(2.) Challenge in this writ appeal is to an order dated 19.2.2019 passed by the learned Single Judge in W.P.(C) No.7747 of 2018.

(3.) It is pointed out by Mr. D. Baruah that though the contention advanced in the writ petition by the appellant is that his name appeared as a voter in the voter list of 1997 and subsequent voter lists at Serial No.203, House No.57, Part No.62, Village Uttar Potakolong Majuli (ka), Sub-Division Kaliabor, Mouza Lawkhowa, District Nagaon, Assam under 88 No. Samaguri LAC, and that his name appeared in the Voter list of 2018 at Serial No.616, House No. 105, Voters Id No.DLQ0004579, at Village Gorumara Gaon, Part No.10, under 88 No.Samaguri LAC, but with the letter 'D' without any justification, in fact, the name of the appellant appeared as 'D' voter in respect of Gorumara Gaon in the voter list of 1997 as well as subsequent voter lists. It is submitted by Mr. Baruah that in respect of a judgment in a writ petition where similar directions as issued in the instant case were issued, a writ appeal was preferred by the writ petitioner therein, registered as W.A. No.170 of 2019 (Sayam Uddin Vs. Union of India and others), which was dismissed by an order dated 29.7.2019 upholding the order passed by the learned Single Judge and, therefore, this appeal is also liable to be dismissed.