Gauhati HC plea challenges citizenship of Ratabari MLA, seeks disqualification

A writ petition filed before the Gauhati High Court has raised serious questions over 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, moved by Braja Gopal Sinha and Bijoy Kumar Kanu, argues 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 and the Representation of the People Act, 1951. Malakar was elected from L.A. 1 Ratabari (SC) constituency in the 2021 Assembly elections.

According to the petitioners, doubts over Malakar’s citizenship emerged in the last week of October 2025 after information was received from what they described as “authentic sources”. They claim to have examined voters’ lists from multiple years, including 1966 and 1971, covering Karimganj town and surrounding areas.

The petition states that Malakar’s name first appeared in the electoral roll only in the supplementary voters’ list of 2005, at Serial No. 318 of Part No. 96 under Karimganj North Assembly constituency, “without any basis”. It further claims that his father’s name did not appear in voters’ lists prior to 2005, including the crucial 1966 and 1971 rolls. While the father’s name is shown in the 2025 voters’ list, the petitioners allege that the name of Malakar’s mother does not appear in any voters’ list.

The plea also questions the findings of the district administration. It notes that the District Election Officer, Sribhumi, submitted a verification report on November 29, 2025, but argues that the report is inconclusive. The petition specifically points out that “no linkage is found with the electoral roll of 1966 and/or 1971”, a key requirement for establishing citizenship under Assam’s foreigner detection framework.

The petitioners told the court that they had earlier submitted representations to the concerned authorities seeking a proper enquiry into Malakar’s citizenship, but alleged that “no proper enquiry is made” despite repeated requests.

Filed under Article 226 of the Constitution, the writ petition seeks a writ of quo warranto and other appropriate directions, contending that Malakar’s continuation as an MLA violates Article 191(1)(d) of the Constitution, which deals with disqualification of legislators.

Apart from the MLA, the respondents in the case include the State of Assam, the Speaker of the Assam Legislative Assembly, the district administration, border police authorities, the Chief Electoral Officer of Assam and the Election Commission of India.