Calcutta High Court Disqualifies Trinamool's Mukul Roy Under Anti-Defection Law After BJP Challenge

The Calcutta High Court has disqualified senior Trinamool leader Mukul Roy from his position as an MLA. A division bench comprising Justices Debangsu Basak and Md. Shabbar Rashidi delivered the ruling under the anti-defection law, following BJP's challenge to Roy's position after he changed political allegiance.

The court overturned West Bengal Legislative Assembly Speaker Biman Banerjee's previous decision that had allowed Roy to retain his post, describing it as "perverse." Additionally, Roy's appointment as chairman of the Public Accounts Committee was also set aside by the court.

As a result, the Krishnanagar North constituency, which Roy represented, is now vacant. However, with assembly elections scheduled for early next year, a by-election for this seat appears unlikely.

BJP's Leader of Opposition Suvendu Adhikari welcomed the court's decision, stating, "We welcome the order of the Calcutta High Court that cited the anti-defection law. It is the victory of the constitution."

Adhikari further commented, "The membership of the MLAs switching parties should be gone immediately. In 2020, I resigned from the ministry and MLA posts before I joined the BJP. Mamata Banerjee and her Speaker Biman Banerjee allowed nearly 50 MLAs into their party without following the constitution."

On social media platform X (formerly Twitter), Adhikari described the judgment as "landmark" and "historic," noting it was delivered in response to a writ petition he filed as Leader of Opposition. He emphasized that the court's decision preserved "the sanctity of the Constitution especially the Tenth Schedule" while also highlighting "the partisan attitude of the Hon'ble Speaker in deciding defection cases."

In response to the ruling, Speaker Biman Banerjee called it a "controversial topic," adding, "We have to see the order then see what to do. We have got some protection. Let's see what's there in order."

Mukul Roy was among the first Trinamool Congress leaders to defect to the BJP before the 2021 assembly election, contesting on a BJP ticket from Krishnanagar North. However, after Trinamool retained power with a substantial majority, Roy returned to his original party within months without resigning his position as an MLA.

When the BJP raised this matter with the Speaker, he maintained that Roy remained a member of the BJP, a position now overturned by the High Court's ruling.