JUDGMENT : A.M. Bujor Barua, J. 1. Heard Mr. I Hussain, learned counsel for the petitioner. Also heard Mr. AI Ali, learned counsel for the Election Commission of India and Mr. J Payeng, learned counsel for the State of Assam appearing for the Foreigners Tribunal and Border Areas, Ms. A Verma, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India. 2. The petitioner was referred by the Superintendent of Police (Border) of Barpeta vide SP FT Case No. 710 of 2010 dated 01.11.2010, resulting in registration of FT Case No. 1247 of 2017 in Foreigners’ Tribunal No.6, Barpeta. 3. The petitioner entered appearance and submitted written statement. The petitioner on 20.07.2018 submitted a petition being Petition No. 1564 of 2018 requesting the Tribunal that she be allowed to examine the Local Verification Officer (LVO) but the same was disallowed. In the circumstance, the Tribunal proceeded ex-parte against the petitioner from that stage. By the order of 12.09.2018, petitioner was declared to be a foreigner who entered into the territory of India after 25.03.1971. 4. In this writ petition, the petitioner takes a stand that while rejecting the petition for examining the LVO, the Tribunal had not allowed the petitioner even to examine herself as DW-1. We are of the view that the petitioner being a proceedee before the Tribunal has a legal right to examine herself as DW-1 and without there being any reason, the same cannot be rejected. But at the same time, we also take note that there is nothing to indicate that the petitioner had made a request to the Tribunal to allow herself to be examined as DW-1. From the said point of view, no infirmity can be found in the order of the Tribunal. 5. But however, in the interest of justice and also as it is a legal right of the petitioner to examine herself as DW-1, we set aside the order dated 12.09.2018 of the Foreigners’ Tribunal No.6, Barpeta in FT Case No. 1247 of 2017 and allow the petitioner to appear before the Tribunal for examining herself as DW-1. 5. But however, in the interest of justice and also as it is a legal right of the petitioner to examine herself as DW-1, we set aside the order dated 12.09.2018 of the Foreigners’ Tribunal No.6, Barpeta in FT Case No. 1247 of 2017 and allow the petitioner to appear before the Tribunal for examining herself as DW-1. But as we do not find any infirmity in the order of the Tribunal, we direct the petitioner to pay a cost of Rs.5000/-before the District Legal Services Authority, Barpeta and upon the proof being shown of the payment of the cost, the petitioner shall appear before the Tribunal on 25.02.2019 and on the said date, she shall adduce her evidence as DW-1 and any further evidence that may be allowed subject to the pleadings made in the written statement. The Tribunal shall give a final consideration to the reference within 10 days thereafter. 6. Writ petition stands disposed of to the extent indicated herein above.