The Calcutta High Court on Thursday struck down the membership of senior politician Mukul Roy in the West Bengal Legislative Assembly, holding that he incurred disqualification under the anti-defection law after shifting allegiance from the BJP to the Trinamool Congress.
A division bench headed by Justice Debangsu Basak delivered the ruling while allowing petitions filed by Leader of Opposition Suvendu Adhikari and BJP MLA Ambika Roy.
Mukul Roy was elected as an MLA from the BJP in May 2021. Just three months later, in August 2021, he joined the Trinamool Congress in the presence of Chief Minister Mamata Banerjee and TMC national general secretary Abhishek Banerjee.
This switch prompted Adhikari to move the High Court after Assembly Speaker Biman Banerjee rejected his plea to disqualify Roy under the Tenth Schedule of the Constitution, which deals with defection.
Adhikari argued that Roy’s change of party after winning on a BJP ticket constituted clear defection. The Speaker, however, had dismissed the disqualification plea.
The High Court on Thursday overturned the Speaker’s decision and held that Roy was liable to be disqualified. The bench consequently set aside his membership in the Assembly.
While pronouncing its judgment, the bench allowed both petitions filed by Adhikari and Ambika Roy, finding merit in the challenge to the Speaker’s order.
With this ruling, Mukul Roy stands disqualified as a member of the West Bengal Legislative Assembly under the anti-defection framework.
