GUWAHATI, India, May 25 -- Gauhati High Court issued the following order on April 24:

1. Heard Mr. K. Lahkar, learned counsel for the petitioner. Also heard Ms. K. Phukan, learned CGC appearing for respondent No.1; Mr. A.I. Ali, Advocate, learned standing counsel for Election Commission of India, respondent no.2; Mr. G. Sarma, Advocate, standing counsel for FT and Border matters, representing respondent nos. 3, 4, 5 and 7; and Mr. H.K. Hazarika, learned Govt. Advocate representing respondent no.6.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Md. Abdul Hussain @ Abdul Hasen, has challenged the opinion dated 21.11.2018, passed by the learned Member, Foreigners Tribunal- 2nd, Morigaon, Assam, in. Case No. F.T. (D) 410/11 [arising out of Police Ref. D/N Case No. 3 dated 15.12.1997; E.R.O. Ref. No. LDB/ERO/81/95/3 dated 31.10.1997], thereby declaring him to be a foreigner, who had entered into Assam on or after 25.03.1971.

3. The Tribunal's records reveals that on 05.06.2018, the petitioner had filed petition no. 507 dated 05.06.2018, praying for amalgamation of the said case with F.T.(C) 138/12, where the petitioner is a party. The prayer was allowed. Accordingly, on 11.06.2018, the petitioner had filed his written statement.

4. In brief, in his written statement, the petitioner had stated that the Verification Officer, without proper enquiry had submitted his report and the allegation was false and against the principles of natural justice. The name of his father is Late Samser Ali and the people also call him More Ali, but in the notice the name of his father is wrongly mentioned as More Ali instead of Samser Ali. He was born and brought up at village- Patuakata, under Laharighat P.S. His father, Samser Ali had casted his vote in 1966 and 1970 from 84 No. Laharighat LAC from village- Patuakata, Dist. Morigaon. His father, Samser Ali, died in the year 1970. The name of his mother is Phulbanu Bibi and she had casted her vote in the year 1975 and 1985 from 81 No. Laharighat LAC and in the said years, his name was wrongly entered in the voter list as Oser Ali and Osan instead of Abdul Hussain. Then, when he had applied for correction of his name, he was marked as 'D' voter from the year 1997 till date. The petitioner had reserved his right to file an additional written statement, if required.

5. In support of his defence, the petitioner had filed his evidenceon-affidavit. In his evidence-on-affidavit, he had reiterated the statements made in his written statement. It was also stated that the case was proceeded against him and his wife, Musstt. Jyotshna Begum and he has no children called Rafiqul Islam and Yasamina Begum as mentioned in the case. In FT(D) 410/2011, his name is mentioned as Abdul Hasen instead of Abdul Hussain. He had stated that he and his wife Musstt. Jyotshanara Begum are Indian citizens.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62WqEReqRIKAwphZQ5g0cev4GH0r3%2Fm3%2BolBG%2B4MYqtDss&caseno=WP(C)/2609/2019&cCode=1&cino=GAHC010084162019&state_code=6&appFlag=)

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