Calcutta HC Disqualifies Mukul Roy From Bengal Assembly Under Anti-Defection Law

The Calcutta High Court disqualified Mukul Roy as a West Bengal MLA under the anti-defection law, reversing the Speaker's decision.

Roy, elected as a BJP MLA, defected to the TMC after the 2021 elections.

Source : X

The Calcutta High Court on Thursday disqualified Mukul Roy from the West Bengal Legislative Assembly under the anti-defection law, overturning an earlier decision by the Speaker to let him retain his seat. A division bench led by Justice Debangsu Basak ruled that the Speaker’s decision was “untenable” and violated the principles of the Tenth Schedule of the Constitution, which governs disqualification on the grounds of defection.

Calcutta HC Disqualifies Mukul Roy

After an extended legal battle, the Calcutta High Court on Thursday ruled to cancel Mukul Roy’s membership in the West Bengal Legislative Assembly. The bench also overturned the earlier order issued by the Speaker of the Assembly, which had rejected the plea to disqualify Roy under the anti-defection law.

Roy, a senior political leader, was elected as a BJP MLA from Krishnanagar North in the 2021 Assembly elections but defected to the Trinamool Congress (TMC) soon after. He formally joined the ruling party in August 2021, appearing alongside Chief Minister Mamata Banerjee and TMC national general secretary Abhishek Banerjee.

Despite the defection, Assembly Speaker Biman Banerjee had dismissed petitions filed by Leader of Opposition Suvendu Adhikari and BJP MLA Ambika Roy seeking Roy’s disqualification. The Speaker maintained that Roy continued to represent the BJP in the House — a stance the court has now struck down.

Reacting to the Calcutta High Court's decision to disqualify Mukul Roy under the anti-defection law, West Bengal's Leader of the Opposition and senior BJP leader Suvendu Adhikari expressed satisfaction, stating that while the verdict came after a long wait, justice has ultimately prevailed.

"The Court with its Judgment, while preserving sanctity of the Constitution, especially the Tenth Schedule, also has left no second thought about the partisan attitude of the Assembly Speaker in deciding defection cases. I wholeheartedly welcome this historic judgment," LoP Adhikari said in a social media statement reacting to the court judgment, as per a report on IANS.