“(Mukul Roy) 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…. nomination… as the PAC Chairman set aside,” the order says.
The Calcutta High Court on Thursday disqualified veteran leader Mukul Roy as (MLA) under the anti-defection law for switching over to the ruling TMC, after having been elected on a BJP ticket in the 2021 elections.
The division bench of Justice Debangsu Basak and Justice Md Shabbar Rashidi also dismissed the decision of the Speaker of the Assembly, who had in his finding on a plea for Roy’s disqualification as an MLA under the anti-defection law, held that he was a BJP MLA.
You’ve Read Your Free Stories For Now
Sign up and keep reading more stories that matter to you.
It also set aside Roy’s nomination as chairman of the Public Accounts Committee (PAC) since his membership of the House suffered disqualification with effect from June 11, 2021.
The order states: “… We have no hesitation in setting aside the impugned order dated June 8, 2022, passed by the (Speaker of the Assembly) and allowing the petition for disqualification filed by (LOP Adhikari), dated June 17, 2021.”
“(Mukul Roy) 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…. nomination… as the PAC Chairman set aside,” the order says.
In June 2021, Mukul Roy joined the TMC after winning on a BJP ticket from Krishnanagar North that year.
Following this, Leader of Opposition in state Assembly Suvendu Adhikari and BJP MLA Ambika Roy moveds court. BJP MLA Ambika Roy had first filed a case objecting to Mukul Roy being appointed chairman of the PAC of the Assembly. Traditionally, representatives of the Opposition hold the PAC chair. Since Mukul had joined the TMC after being elected on a BJP ticket, Ambika questioned his appointment.
Story continues below this ad
When the Opposition had sent a letter to the Speaker, he responded that there was no question of dismissing Mukul Roy’s MLA post or removing him from the PAC, as he was still officially a member of the BJP. Following this, Adhikari had also filed a case, arguing that Roy should resign under the anti-defection law of the tenth schedule of the Constitution. The Calcutta High Court had then asked the Speaker to reconsider his decision after hearing all parties. Speaker Biman Banerjee later informed the court in 2022 that there was no basis to dismiss Roy as an MLA based on the evidence submitted.
The BJP argued that voters cast their votes for the party rather than an individual candidate, and hence, the people of Krishnanagar North had voted for the BJP, not for Roy.
Adhikari termed it a “landmark judgment and the first of its kind in Bengal (possibly also in India)”. “…This historic judgment has been delivered in a hotly contested writ petition filed by me in my capacity of being the Leader of Opposition… Their Lordships, while disqualifying Sri Mukul Ray from being an MLA, has quashed the order passed by the Speaker who had refused to do the same..,” he posted on X.
Meanwhile, TMC leader Arup Chakraborty said, “After Sisir Adhikari (former Union Minister of State, father of Suvendu Adhikari) became an MP on a TMC ticket, I saw him go to a BJP meeting, hold (Union Home Minister) Amit Shah’s feet and share a stage with him. At that time, I want to know, where was Suvendu’s victory for the Constitution?… Suvendu is a politically double-minded person, his political hypocrisy is exposed.”
Tanusree Bose is a dedicated journalist reporting for The Indian Express from Kolkata. Her work focuses sharply on the complex administrative, political, and judicial developments across West Bengal, establishing her as an authoritative voice in regional news coverage.
Experience
Current Role: Reports for the prestigious national daily, The Indian Express, providing her content with a high level of Trustworthiness.
Geographical Expertise: Provides focused, in-depth coverage of West Bengal, demonstrating an intimate knowledge of the state's news and political nuances.
Core Authority: Her reporting portfolio highlights deep Expertise in crucial, often sensitive, beats, including:
State Politics and Governance: Covering the ruling Trinamool Congress (TMC), opposition strategies (BJP), and internal political controversies.
Judicial and Administrative Affairs: Closely monitoring key developments in the Calcutta High Court, particularly major rulings related to employment, education, and social issues.
Education Sector: Extensive reporting on significant controversies, such as teacher recruitment irregularities and administrative actions by the West Bengal Board of Secondary Education (WBBSE).
Social & Electoral Issues: Covering public events, community tensions (e.g., religious/political gatherings), and election-related processes like the Special Intensive Revision (SIR) of the electoral roll.
Tanusree Bose's consistent output and focus on high-stakes regional issues for a trusted media outlet underscore her status as a reliable and authoritative source for news from West Bengal. ... Read More
