Calcutta HC disqualifies Mukul Roy as MLA in Bengal Assembly with effect from 2021
In June 2021, Roy joined the Trinamool Congress after winning on a BJP ticket from Krishnanagar North that year; LoP Suvendu Adhikari and another BJP MLA then moved court.
Speaker Biman Banerjee later informed the court in 2022 that there was no basis to dismiss Mukul Roy as an MLA based on the evidence submitted. (File photo)
The Calcutta High Court cancelled the membership of veteran leader Mukul Roy as a Member of the Legislative Assembly (MLA), with retrospective effect from June 11, 2021.
In June 2021, Mukul Roy joined the Trinamool Congress after winning on a BJP ticket from Krishnanagar North that year. Following this, Leader of Opposition Suvendu Adhikari and BJP MLA Ambika Roy moved court.
The division bench of Justice Debangsu Basak and Justice Md Shabbar Rashidi passed the order on Thursday under the anti-defection law.
Ambika Roy had first filed a case objecting to Mukul Roy being appointed chairman of the Public Accounts Committee (PAC) of the Assembly. Traditionally, representatives of the Opposition hold the PAC chair. Since Mukul had joined the Trinamool Congress after being elected on a BJP ticket, Roy questioned his appointment.
With its decision on Thursday, the division bench also dismissed the decision of the Speaker of the Assembly. 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, the Leader of Opposition 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 of the Legislative Assembly 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.
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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.
After the judgment on Thursday, LOP Suvendu Adhikari took to X, calling it a “landmark judgment and the first of its kind in West Bengal (possibly also in India)”.
In his post, he wrote, “…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 Hon’ble Speaker who had refused to do the same, and had delayed his decision in the defection petition filed by me… Ultimately, truth triumphs though it may be a little delayed. The Hon’ble Court… has left no second thought about the partisan attitude of the Hon’ble Speaker in deciding defection cases. I wholeheartedly welcome this historic judgment.”
Meanwhile, speaking to The Indian Express, TMC spokesperson 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? Where was the victory of the Constitution when the BJP formed government in Maharashtra, Goa, and Arunachal Pradesh by overthrowing the government. Those who kill the Constitution themselves should not say all this. Suvendu is a politically double-minded person, his political hypocrisy is exposed.”
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The order, a copy of which is with The Indian Express, stated: “… 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 Chairman of the Public Accounts Committee is set aside,” the order says.
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
