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The Gauhati High Court, recently, heard petition against AIUDF MLA from Assam Karim Uddin Barbhuiya and asked him to file his written statement in plea that alleged that the legislator faked his educational qualification. 

It must be noted that, Barbhuiya in his affidavit, which was submitted to the Election Commission of India (ECI) prior to the Assam Assembly election 2021, claimed that he had cleared his graduation from Choudhury Charan Singh University in Meerut in the year 2019.

During the course of hearing, the Single Bench of Justice Kalyan Rai Surana noted that the MLA was not present as on previous date he was asked to remain in attendance and provide the required documents.

His counsel on 4^th August, instead argued that they could finish reading the notice that was served to the petitioner, which is more than 100 pages long.

Thereby, he requested for four weeks to provide the appropriate response.

The petitioner’s learned senior counsel has vehemently opposed the prayer, but the Bench, taking into account the reason given, was inclined to grant the petition for time.

The Bench noted that,

“It is projected that the budget session of the 15th Assam Legislative Assembly is commenced on 12.07.2021 and would continue up to 02.08.2021. Although the prayer is vehemently objected by the learned senior counsel for the petitioner, having regard to the fact that notice on respondent no.1 was served on 10.07.2021, taking note of the reason assigned, the Court is inclined grant the prayer for time made by the respondent no.1.”

“List on 24.08.2021, in awaiting service report, and filing of written statements by the respondent no. 1,” stated the order

It must be noted that the Former deputy speaker of Assam assembly Aminul Haque Laskar had recently filed a petition in Gauhati High Court against Sonai MLA Karim Uddin Barbhuiya for allegedly producing a fake degree while submitting his nomination papers to contest the assembly polls.

On the previous date of hearing, the court has asked Barbhuiya to be present for a hearing on August 4 and produce his documents

All India United Democratic Front candidate Barbhuiya defeated Bharatiya Janata Party’s Aminul Haque Laskar to become an MLA from Sonai constituency in this year’s assembly election.

Laskar has alleged in his plea that, Barbhuiya declared himself a graduate from Chaudhary Charan Singh University, Meerut, but according to him this was untrue. He claimed that he had filed an RTI in Chaudhary Charan Singh University, Meerut, and the reply stated that Barbhuiya never graduated from that university.

[CASE TITLE - AMINUL HAQUE LASKAR v KARIM UDDIN BARBHUIYA AND 12 ORS, 2021]