A writ petition has been filed before the Gauhati High Court challenging the citizenship status of Ratabari (SC) MLA Bijoy Malakar and seeking his disqualification from the Assam Legislative Assembly on the ground that he is allegedly not an Indian citizen.
Filed under Article 226 of the Constitution, the petition seeks the issuance of writs of quo warranto and mandamus, questioning Malakar’s eligibility to hold public office. The case has been registered as W.P.(C) No. 7368/2025 before the Gauhati High Court, which has jurisdiction over Assam, Nagaland, Mizoram and Arunachal Pradesh.
The petition has been moved by Braja Gopal Sinha and Bijoy Kumar Kanu, residents of Sribhumi district. They have alleged that Bijoy Malakar and his parents entered Assam after the cut-off date of March 25, 1971, rendering him ineligible for Indian citizenship under the Constitution and existing legal provisions.
According to the petitioners, questions over Malakar’s citizenship arose after they obtained and verified electoral rolls from Karimganj town dating back to 1966 and 1971. They claim that Malakar’s name does not appear in any voters’ list prior to 2005, when it was allegedly included for the first time in a supplementary electoral roll without proper justification.
The petition further alleges that Malakar’s father’s name was also absent from the voters’ lists of 1966, 1971 and even the 2005 rolls, raising serious doubts about the family’s citizenship status. While the father’s name appears in the 2025 voters’ list, the petitioners contend that no linkage has been established with pre-1971 records. They also claim that the name of Malakar’s mother does not appear in any voters’ list.
Alleging administrative inaction, the petitioners stated that despite submitting representations to the concerned authorities seeking a proper inquiry into Malakar’s citizenship, no conclusive investigation was carried out. A verification report submitted by the District Election Officer, Sribhumi, on November 29, 2025, has been described in the petition as “inconclusive” and failing to establish linkage with the 1966 or 1971 electoral rolls.
Citing alleged violations of Article 191(1)(d) of the Constitution and provisions of the Representation of the People Act, 1951, the petition seeks Malakar’s disqualification as an MLA from the Ratabari constituency.
Following the filing of the writ petition, the Gauhati High Court has issued notices to the Assam government and the Central government, seeking clarification on the MLA’s eligibility. The court has directed the authorities to file their responses within four weeks, setting the stage for a significant legal examination of Malakar’s status as a legislator.
