"Under section 9 of the Foreigners Act, whenever a question arises whether any person is or is not a foreigner with reference to any provision of the said Act or an order made under the said Act, the burden is upon such person. Entries in the voters lists are admissible in evidence. However, a person producing a voters list as a evidence in support of his claim to have been present on the Indian soil on the date of preparation of the voters list, must not only produce the voters list and prove the relevant entry, but also establish/prove that the name entered, in such a voters list, is referable only to him inasmuch as it is possible that more than one person, with the same name exist or existed, more particularly, when, for a long time, no voter identity cards were in existence in this country."
Case Law
Moslem Mondal vs Union of India
Summary/Remarks