Guwahati: The Gauhati High Court on Thursday issued a notice to the Assam government regarding a petition seeking the disqualification of Bharatiya Janata Party (BJP) legislator Bijoy Malakar, 45, on the grounds that he is not an Indian citizen.
Justice Kardak Ete directed the notice to both the state government and the Election Commission concerning Malakar’s election from the Ratabari (SC) assembly constituency in Sribhumi district.
The petitioners, Braja Gopal Sinha and Bijoy Kumar Kanu, residents of Sribhumi, claimed that Malakar’s parents entered Assam after the cut-off date of March 25, 1971, which, according to them, disqualified them from acquiring Indian citizenship under the constitution and existing laws.
Malakar denied the allegations, stating that his family has lived in Sribhumi (formerly Karimganj) for three generations.
He suggested that the petition was politically motivated ahead of the assembly elections and said his lawyers would respond after receiving the official notice.
The petition also noted that Malakar’s parents were not included in the voter lists of 1966 and 1971. It further accused authorities of failing to act despite repeated requests for a detailed investigation into Malakar’s citizenship.
The verification report submitted by the District Election Officer of Sribhumi on November 29 was described as inconclusive and did not establish any connection with the 1966 or 1971 electoral rolls.
After hearing the petitioners’ counsel, the high court issued a notice to the MLA and other authorities, including the assembly speaker, which must be responded to within four weeks.