Guwahati: A writ petition filed before the Gauhati High Court has raised serious questions regarding the citizenship of Ratabari (SC) MLA Bijoy Malakar, seeking his disqualification from the Assam Legislative Assembly. The petitioners, Braja Gopal Sinha and Bijoy Kumar Kanu, allege that Malakar and his parents entered Assam after the cut-off date of March 25, 1971, making him ineligible to hold public office under the Constitution of India and the Representation of the People Act, 1951. Malakar was elected from the Ratabari constituency in 2021.
According to the petition, doubts about Malakar’s citizenship surfaced in October 2025, following information from what the petitioners describe as “authentic sources.” They examined voters’ lists from 1966 and 1971 covering Karimganj town and surrounding areas. The plea claims that Malakar’s name first appeared only in the 2005 supplementary electoral roll, while his father’s name did not appear in pre-2005 rolls, and his mother’s name is absent entirely.
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The petition also questions the district administration’s verification report submitted on November 29, 2025, describing it as inconclusive, noting that no linkage with the 1966 or 1971 electoral rolls could be established—a key requirement under Assam’s foreigner detection framework.
Filed under Article 226 of the Constitution, the petition seeks a writ of quo warranto and other directions, asserting that Malakar’s continuation as an MLA violates Article 191(1)(d) on disqualification of legislators.
Respondents in the case include Bijoy Malakar, the State of Assam, the Speaker of the Assembly, district authorities, border police, the Chief Electoral Officer, and the Election Commission of India. The court is yet to schedule hearings on the matter.
