WP(C) 1178/2009 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA Although the petitioners are declared to be foreigners, but their names were not deleted from the voter list for long seven years by the competent autho rity. In this long period insptie of the fact that the petitioners are foreigner s and thus were not entitled to cast vote, continued to cast vote electing the r epresentatives of both the Parliament and State Legislative Assembly who in turn contributed in the decision making process towards nation building. In view of the above, the respondents were directed to file affidavits. The explanation fu rnished is not at all satisfactory. Considering the matter in its entirety, the Union of India was also directed to file an affidavit explaining the circumstances leading to delay in deleting the names of the petitioners from the voter list. On perusal of the affidavit filed by the Union of India dated 23.06.2010, what has transpired is that it has take n the same very stand as that of the State Govt. and has not dealt with the all important question of delay in deletion of the names of the petitioners. In the affidavit filed by the State respondent, it has been stated that steps have been taken for prompt action towards deletion of names of the declar ed foreigners. According to the said affidavit, instructions have been issued to all Superintendents of Police for sending the orders passed by the Tribunals to the District Election Officers for necessary follow up action. It has also been stated that monitoring of deletion process is under way. It has further been st ated that the Chief Electoral Officer has instructed by the District Election Of ficer to share information for deletion of names with the police and to furnish report. As a follow up action, the State Govt. has also issued instruction to a ll the Superintendents of Police and the Deputy Commissioners to collect inform ation from the concerned District Election Officers and to communicate the same to the State Govt. periodically. Once a person is declared to be foreigner by the Foreigners’ Tribunal, his/her n ame is required to be deleted from the voter list immediately irrespective of th e fact that such foreigner is not capable of being deported to his/her country o f origin. The authorities must ensure deletion of the names of such foreigners from the electoral rolls immediately. Any laxity shown in the matter cannot be t olerated as the said foreigners contribute in the election of the members of bot h the Parliament and State Assembly. The respondents are directed to take prompt action in the matter. It is also dir ected that the Foreigners’ Tribunals upon declaring the persons concerned to be foreigners shall also issue necessary direction for his/her deportation and dele tion of names from the voter list. Ms. R. Chokraborty, learned Addl. Sr. Govt. Advocate submits that the pe titioners in W.P.(C) No. 1180/2009, namely Jamila Khatoon, has been deported to Bangladesh. The respondents shall ensure deletion of her name immediately. With the above directions, writ petitions are finally closed. Let the co pies of this order be sent to all the Foreigners’ Tribunals for their necessary follow up action. Copies be also sent to all the Superintendents of Police and t he Deputy Commissioners of the Districts. Copies may also be sent to DGP, Assam and the Union of India in the Home Ministry. Another copy be sent to Ms. R. Chok raborty, learned Addl. Sr. Govt. Advocate. Bring this order to the notice of the Deputy Registrar (J).