A writ petition has been filed in the Gauhati High Court, challenging the citizenship status of Bijoy Malakar, the MLA representing Ratabari (SC), and seeking his disqualification from the Assam Legislative Assembly. The petition, registered under W.P.(C) No. 7368/2025, invokes Article 226 of the Constitution for the issuance of writs of quo warranto and mandamus regarding Malakar’s eligibility to hold public office. The petitioners, Braja Gopal Sinha and Bijoy Kumar Kanu from Sribhumi district, allege that Malakar and his parents entered Assam after the cut-off date of March 25, 1971, which, according to constitutional provisions, disqualifies him from Indian citizenship. This assertion stems from their verification of electoral rolls from Karimganj town, which revealed that Malakar’s name does not appear on any voters’ lists prior to 2005, when it was allegedly added without proper justification.
Additionally, the petition claims that Malakar’s father’s name was absent from the voters’ lists of 1966 and 1971, as well as the 2005 rolls, casting further doubt on the family’s citizenship status. Although the father appears in the 2025 voters’ list, the petitioners contend there is no established connection to pre-1971 records. Furthermore, they claim Malakar’s mother is also not listed in any electoral records. The petitioners cited administrative inaction, noting that their requests for an inquiry into Malakar’s citizenship status went unaddressed. A verification report from the District Election Officer, provided on November 29, 2025, is labeled as “inconclusive” for failing to establish any connection to the 1966 or 1971 electoral rolls.
Citing alleged breaches of Article 191(1)(d) of the Constitution and the Representation of the People Act, 1951, the petition demands Malakar’s disqualification as an MLA from the Ratabari constituency. In response to the writ petition, the Gauhati High Court has issued notices to both the Assam and Central governments, requesting clarifications regarding Malakar’s eligibility and directing authorities to respond within four weeks, thus initiating a significant legal examination of the legislator’s status.