The Gauhati High Court has issued a notice to the Assam government in connection with a petition questioning the citizenship status of BJP MLA Bijoy Malakar, the sitting legislator from the Ratabari (SC) Assembly constituency in Sribhumi district.
A single-judge bench of Justice Kardak Ete issued the notice while hearing a writ petition seeking a quo warranto against Malakar, challenging his eligibility to hold public office. Notices have also been issued to the Election Commission of India, the Speaker of the Assam Legislative Assembly, and the MLA himself, directing them to submit their responses within the stipulated time.
The petitioners have alleged that Bijoy Malakar is not an Indian citizen and that he and his parents allegedly entered Assam after the March 25, 1971 cutoff date, which is the benchmark for determining citizenship under the Assam Accord. They claimed that Malakar’s name and that of his parents do not appear in the 1966 and 1971 electoral rolls, and that his name surfaced for the first time only in a supplementary voter list in 2005.
Based on these claims, the petition argues that Malakar was not eligible to contest the 2021 Assam Assembly elections, and his continuance as an MLA violates constitutional and statutory provisions governing citizenship and public office.
Responding to the allegations, Bijoy Malakar has denied the claims, asserting that his family has been residing in the area for several generations and that he is an Indian citizen. He has maintained that the allegations are politically motivated and that he will present all relevant documents before the court.
The case has sparked political reactions in Assam, with opposition parties demanding clarity on the issue, citing the sensitivity surrounding citizenship and identity in the state. The ruling BJP, meanwhile, has not issued an official statement on the matter.
The High Court has not passed any interim order and will take up the matter for further hearing after responses are filed. The case comes amid ongoing debates in Assam over citizenship determination, the role of Foreigners’ Tribunals, and the implementation of the Assam Accord.
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