A political storm has erupted in Assam after the Gauhati High Court issued notices to the Assam and Central governments in response to a writ petition challenging the citizenship of Ratabari (SC) BJP MLA Bijoy Malakar. The petition, filed under Article 226 of the Constitution, seeks a writ of quo warranto questioning whether Malakar is legally qualified to hold office in the Assam Legislative Assembly.
The matter, registered as W.P.(C) 7368/2025, has ignited fierce scrutiny of the BJP, which has positioned itself as the champion of Assamese identity and protector against illegal immigration for decades. The opposition Congress has seized on the controversy, alleging that the ruling party has betrayed the Assam Accord and ignored legal due diligence to shield one of its own.
The writ petitioners, Braja Gopal Sinha and Bijoy Kumar Kanu – residents of Sribhumi district – claim Malakar and his parents entered Assam after the cut-off date of March 25, 1971, the constitutional threshold for detecting and deleting illegal migrants’ names from electoral rolls under Assam’s citizenship framework. The petition argues that Malakar’s inclusion in the electoral roll was unlawful and his election therefore invalid. 
A related RTI forwarding letter, dated November 4, 2025, issued by the Office of the District Commissioner, Sribhumi, confirms that petitions filed by Sinha and Kanu were transferred to the competent authority for response under Section 6(3) of the RTI Act, 2005. The letter directs the Election Officer to furnish information directly to the petitioners. The document indicates that information-seeking efforts pre-date the writ filing and suggests a paper trail of concern preceding the High Court intervention.
Speaking exclusively to Northeast Scoop, Leader of Opposition and senior Congress leader Debabrata Saikia launched a scathing attack on the ruling BJP alleging that the controversy surrounding MLA Bijoy Malakar exposes the party’s ‘anti-Assamese hypocrisy’ and marks a direct violation of the Assam Accord, which BJP publicly claims to uphold.
Saikia said, “This is a clear violation of the Assam Accord. If such allegations arise and documents circulate questioning citizenship after the cut-off date, the government must act. But BJP has chosen silence.”
He added, “BJP criticises Congress by claiming we harbour foreigners, but now that such serious allegations against their MLA have come out openly and the High Court has taken cognizance, they have not taken any action. That exposes the truth.”
He added that BJP’s silence is evidence of selective enforcement. “They don’t have any soft corner or respect for Assamese people. That is why such things have come to knowledge. It has been exposed that they are anti-Assamese.”
Saikia referenced past BJP attacks in the Assembly, where the ruling party accused Congress of facilitating illegal immigrants in electoral rolls. “Though in the Assembly, they sometimes criticised Congress government, telling that someone called Hussain, who was not a citizen, attempted to contest election independently and they attacked us for that. But now when the allegation is against BJP MLA himself, they ignore it completely.”
The BJP’s political rise in Assam has depended heavily on its narrative of protecting Assamese identity and eliminating illegal Bangladeshi infiltration. Anti-influx rhetoric powered its 2016 and 2021 Assembly victories; its central role in NRC monitoring and CAA passage consolidates its branding as the only party serious about illegal immigration.
Yet, the Malakar petition strikes at the heart of this messaging.
If allegations withstand legal scrutiny, it could create an unprecedented crisis for BJP potentially collapsing years of anti-immigrant positioning and triggering deeper questioning of internal vetting procedures.
“Such allegations do not come from thin air. Court has taken notice. If citizenship documents are manipulated, if entries are made illegally into electoral rolls, then someone inside facilitated it. Whoever was involved should be held responsible.”, Saikia said.
Saikia also questioned discrepancies in Malakar’s age and the timeline of voter enrolment:
“It is unfortunate that a person who got enrolled in 2005 and got elected in 2019. If we take that he got enrolled when he attained the eligible age in 2005, then his age should have been around 25 or so, but calculations show otherwise.” He pointed to contradictory records circulated publicly in recent days that purport to show Malakar’s date of birth as 30-05-1980, as printed on Aadhaar and HSLC documents allegedly belonging to the MLA.
“If the DOB is 30-05-1980, there must be clarity when he was enrolled. But the numbers don’t add up. Why is there confusion? Why should such discrepancies exist if everything is legal and transparent?”
Circulated Aadhaar and educational documents print identical date of birth entries, along with parental names, which match details cited in the writ petition.
The Assam Accord of 1985 remains the emotional and legal centrepiece of Assam’s citizenship politics, establishing March 25, 1971 as the cut-off for determining illegal entrants. BJP and RSS affiliates have consistently called Congress “soft” on foreign nationals, accusing the party of poll-bank appeasement.
Now, Saikia says the tables have turned. “This exposes that BJP has failed to follow the Assam Accord. When allegations have come from citizens themselves, supported by petitions, they should have acted immediately. But instead, they remain silent.”
“Court will examine evidence. But the question is why BJP has ignored the red flags earlier.”, questions Saikia.
