Citizenship Challenge Against BJP MLA Bijoy Malakar: Gauhati HC Issues Notice To Govt

A writ petition has been filed before the Gauhati High Court challenging the citizenship status of Ratabari (SC) MLA Bijoy Malakar, seeking his disqualification from the Assam Legislative Assembly on the ground that he is allegedly not an Indian citizen.

The petition, filed under Article 226 of the Constitution of India, seeks issuance of a writ of quo warranto and mandamus, questioning Malakar’s eligibility to hold public office.

The matter has been listed as W.P.(C) No. 7368/2025 before the High Court, which has jurisdiction over Assam, Nagaland, Mizoram and Arunachal Pradesh.

The petitioners, Braja Gopal Sinha and Bijoy Kumar Kanu, residents of Sribhumi district, have alleged that MLA Bijoy Malakar and his parents entered Assam after the cut-off date of 25 March 1971, thereby disqualifying him from Indian citizenship under existing constitutional and legal provisions.

According to the petition, the challenge arose after the petitioners obtained and verified electoral rolls dating back to 1966 and 1971 from Karimganj town. They claim that Bijoy Malakar’s name does not appear in any voters’ list prior to 2005, when his name was allegedly first included in the supplementary electoral roll without proper basis.

The petition further claims that Malakar’s father’s name was also absent from the voters’ lists of 1966, 1971, and even the 2005 electoral rolls, raising serious doubts about the family’s citizenship credentials.

While the father’s name appears in the 2025 voter list, the petition states that no linkage has been established with pre-1971 records. The name of Malakar’s mother, the petitioners claim, does not appear in any voters’ list.

The petitioners also alleged administrative inaction, stating that despite submitting representations to the concerned authorities seeking a proper citizenship inquiry, no conclusive investigation was carried out. A verification report submitted by the District Election Officer, Sribhumi, on 29 November 2025 was termed “inconclusive” and failed to establish a linkage with the 1966 or 1971 electoral rolls.

Citing violations of Article 191(1)(d) of the Constitution and provisions of the Representation of the People Act, 1951, the petition seeks the disqualification of Bijoy Malakar as an MLA from Ratabari constituency.

Following a writ petition, the Gauhati High Court has issued notices to both the Assam state government and the Central government, seeking clarification on the MLA’s eligibility.

The court has directed the authorities to respond within four weeks, setting the stage for a crucial legal examination of Malakar’s position as a legislator from the Ratabari (SC) constituency.

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