The Supreme Court on Friday stayed the Calcutta High Court’s landmark verdict that had disqualified senior politician Mukul Roy as a Member of the Legislative Assembly (MLA) in West Bengal for switching political sides after being elected.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi passed the interim stay on the High Court’s November 13, 2025 order, which had invoked the anti-defection provisions to unseat Roy. This effectively allows the Krishnanagar Uttar MLA to retain his Assembly membership for now, pending further proceedings.
The Calcutta High Court ruling, hailed as a significant assertion of judicial power under the Tenth Schedule of the Constitution, had marked the first time the court directly disqualified an elected lawmaker on grounds of defection.
Mukul Roy was elected on a Bharatiya Janata Party (BJP) ticket in the 2021 West Bengal Assembly polls but soon shifted allegiance to the ruling Trinamool Congress (TMC). His switch was formalised in June 2021 in the presence of Chief Minister Mamata Banerjee and TMC general secretary Abhishek Banerjee. Despite changing sides, Roy continued to function as an MLA.
The case raised key constitutional questions about the role of the Speaker and the courts under the anti-defection law. Traditionally, questions of disqualification under the Tenth Schedule are decided by the Speaker of the Assembly. However, in this instance, the Calcutta High Court took it upon itself to rule on Roy’s disqualification, citing undue delay and inaction by the Assembly Speaker.
The Supreme Court’s decision to stay the High Court order means the final word on the judicial scope over anti-defection matters — particularly in the face of Speaker inaction — is yet to be pronounced.
The matter is expected to have significant political and constitutional ramifications, especially in states witnessing frequent party-switching by legislators.
