Will AIUDF MLA Karimuddin face disqualification?

Guwahati: Karimuddin Barbhuiya, the All India United Democratic Front (AIUDF) MLA from No 10 Sonai Legislative Assembly constituency, could face disqualification over his educational qualification documents. 

On April 26, the Gauhati High Court rejected an interlocutory petition filed by Barbhuiya to dismiss the election petition filed by defeated candidate Aminul Hoque Laskar challenging his educational qualification certificates.

In his interlocutory petition, Barbhuiyan pleaded with the court for rejection of the election petition filed by Laskar regarding the documents filed by Barbhuiyan in his affidavit before the Election Commission of India (ECI) during the 2021 assembly elections.

Laskar, a senior BJP leader representing the Sonai constituency, lost to Barbhuiyan in the 2021 elections. He was also deputy speaker in Assam Legislative Assembly.

It was alleged that Barbhuiyan faked his educational qualification certificate, claiming to have completed his Bachelors, which was submitted to the ECI.

Hearing both sides, a single judge bench of Gauhati High Court comprising Justice Kalyan Rai Surana said: “In this case, the election petitioner has been able to prima facie show that in respect of the ground of suppression of educational qualification, the election petition is not lacking in material facts and particulars of corrupt practice of undue influence and accordingly, the election petition is not liable to be rejected…in light of the discussions above, there is a cause of action for the election petition at least in the context of suppression of educational qualification,” the court also said.

“As there exists a cause of action at least on one ground, i.e. suppression of educational qualification relating to Diploma in Civil Engineering, the connected election petition is not liable to be rejected. Thus, this interlocutory application stands dismissed,” the court added.

In his affidavit submitted to the ECI before the 2021 assembly election, Barbhuiyan claimed that he graduated from Choudhury Charan Singh University, Meerut in 2019. In the 2016 election, he claimed to have cleared the higher secondary examination in 1987 and passed an engineering diploma in 1990.

Responding to an RTI query, Assam Higher Secondary Education Council (AHSEC) revealed that Karimuddin Barbhuiyan appeared for the Class 12th examination in 1987 but did not pass. A case has already been filed against Barbhuiyan in Gauhati High Court, and the court will hear the case on August 4.

Barbhuiya won the assembly election this year from the Sonai constituency of Cachar district under the AIUDF banner. He also contested the same constituency in 2016 but was defeated by BJP’s Aminul Haque Laskar. In 2016, while submitting the nomination, he revealed that he passed the higher secondary examination in 1987 and completed a diploma in engineering in 1990. But this year, the details of his higher education changed and he said that he graduated from Choudhury Charan Singh University, Meerut, in 2019.

Supporters of former BJP MLA and former deputy speaker of Assam assembly Aminul Haque Laskar filed several RTIs regarding Barbhuiyan’s educational qualification. In response to two back-to-back RTIs regarding his higher secondary education, it was revealed that Barbhuiya failed to pass the class 12 examination in 1987.

He was enrolled with the Guru Charan College, Silchar for appearing in the examination. An RTI was filed with the college and the college authority, in response, said that they don’t have Karimuddin Barbhuiyan’s records except for his roll number. With the help of the roll number, another RTI was filed to Assam Higher Secondary Education Council (AHSEC), and, in response, the council stated that as per records available with the Council, Karimuddin Barbhuiyan failed that year.

Aminul Haque Laskar moved to the Election Commission of India before this year’s assembly election, but the ECI didn’t pay much attention to it. Karimuddin Barbhuiyan was allowed to contest and defeated Aminul Haque Laskar after securing more than 70,000 votes.

Later, Aminul went to the Gauhati High Court and filed a case against Karimuddin Barbhuiyan for faking documents. The court has asked both Aminul and Karimuddin to appear for a hearing on August 4.

“Now the court will begin a trial against Barbhuiyan. It leads to his disqualification from the assembly. It is good for him to resign accepting his crime before the Gauhati High Court convicts him,” Laskar said.

Also Read | Assam Guv focuses on importance of cooperative management skill

Leave a comment

Leave a comment