Supreme Court Stays Order Disqualifying TMC Leader Mukul Roy From Legislative Assembly Under Anti-Defection Laws

The Supreme Court, today, stayed the Calcutta High Court order that disqualified politician Mukul Roy from the West Bengal Legislative Assembly under the Anti-Defection Laws.

The High Court had previously ruled against Roy under the anti-defection law, following his shift from the Bharatiya Janata Party (BJP) back to the Trinamool Congress (TMC).

The Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi ordered, "Issue Notice. Let the counter affidavit be filed within four weeks. Rejoinder to be filed within two weeks thereafter...Meanwhile, the operation of the impugned judgment is stayed. List the matter after four weeks."

AOR Preetika Dwivedi appeared for the Petitioner, Subhranshu Roy, while Senior Advocate Gaurav Agarwal appeared for the Respondents.

Pointing out that Roy is currently in a critical condition and hospitalized, Chief Justice Kant remarked, "If he is in a critical situation, why can't a family member file the petition?"

Ambika Roy, Member of the Legislative Assembly and Suvendu Adhikari, the leader of the opposition of the State’s Legislative Assembly, had filed the writ petitions before the High Court. 

The High Court had ordered, "In the facts and circumstances of the present case, therefore, we have no hesitation in setting aside the impugned order dated June 8, 2022 passed by the respondent No. 1 and allowing the petition for disqualification filed by the second writ petitioner, dated June 17, 2021. The respondent No. 2 is declared to have become disqualified in terms of the Tenth Schedule of the Constitution of India and the Rules of 1986 with effect from June 11, 2021."

Mukul Roy had contested and won the assembly election from Krishnanagar Uttar constituency as a BJP candidate in 2021.

Adhikari had approached the speaker for disqualifying Roy on the ground that, having won the election as a BJP candidate, he had joined the TMC on June 11, 2021.

In support of the plea to the speaker, the petitioner had placed reliance upon newspaper reports, tweets, a press conference which was telecast live on the Facebook page of TMC, a video recording of the said press conference and screenshots of the announcement made in the Twitter handle of TMC on that day, along with the transcripts thereof. In support of the evidence relating to the electronic record, the petitioner had filed a certificate under Section 65-B of the Evidence Act before the Speaker.

Previously, in April 2022, the Calcutta High Court had also set aside West Bengal Assembly Speaker Biman Banerjee's order dismissing a petition by Suvendu Adhikari, which sought the disqualification of Mukul Roy as a member of the House on the ground of defection and restored the matter for fresh consideration.

Once a close aide of West Bengal Chief Minister Mamta Benerjee, Roy had resigned from the party in September 2017, which prompted the party to suspend him for six years, citing his anti-party activities. In November 2017, he joined the BJP and won the polls in May this year. However, a month after his victory, he again joined the TMC without resigning from the BJP.

Cause Title: Subhranshu Roy v. Hon'ble Speaker, West Bengal Legislative Assembly [Diary No. 72372/2025]