JUDGMENT : Arup Kumar Goswami, J. 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. 4. Mr. HRA Choudhury, learned senior counsel has submitted that as the name of the appellant had appeared as 'D' Voter in the voter list of 1997 of Gorumara Gaon, it appears to him that the judgment rendered in Writ Appeal No.170 of 2019 will also govern the present case. 5. In paragraph 11 of the Writ Appeal No.170 of 2019, this Court had observed as follows :- "11. The appellant has approached this Court after 22 years of his name having been put as "D" voter.
5. In paragraph 11 of the Writ Appeal No.170 of 2019, this Court had observed as follows :- "11. The appellant has approached this Court after 22 years of his name having been put as "D" voter. Elaborate provisions are laid down as to how the verification is to be conducted in respect of persons and only when the Electoral Registration Officer has reasonable doubt about the citizenship of any person, he is to refer such doubtful cases to the competent authority, which, as on date, is Foreigners Tribunal, as the Illegal Migrants (Determination by Tribunals) Act,1983 has since been struck down by the Hon'ble Supreme Court. Therefore, after the Electoral Registration Officer expresses reasonable doubt with regard to citizenship of a person, no occasion arises for issuing a direction to the Electoral Registration Officer to make further investigation. Therefore, we cannot subscribe to the submission of Mr. Barbhuiya that another investigation is liable to be directed to ascertain whether the appellant was rightly marked as "D" voter.". 6. We have also perused the directions given by the learned Single Judge in the instant case as well as the directions contained in the order which was the subject matter of challenge in W.A. No.170 of 2019. The directions are identical and, therefore, we find no good ground to entertain this appeal and, accordingly, the writ appeal is dismissed.