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Calcutta High Court Disqualifies Mukul Roy as MLA for Defection Dating Back to 2021

The bench declared Roy disqualified under the Tenth Schedule from June 11, 2021, calling the Speaker’s contrary decision “perverse.”

Overview

  • A division bench of Justices Debangsu Basak and Md. Shabbar Rashidi set aside Speaker Biman Banerjee’s 2022 order and voided Roy’s appointment as Public Accounts Committee chair.
  • The court relied on Roy’s public induction into the Trinamool Congress at a June 11, 2021 press conference, which it said showed he voluntarily gave up BJP membership.
  • The Krishnanagar Uttar seat is now vacant, with officials indicating a bypoll is unlikely because state assembly elections are expected early next year.
  • The disqualification followed petitions by Leader of Opposition Suvendu Adhikari and BJP MLA Ambika Roy, who challenged both Roy’s status and his PAC nomination.
  • BJP leaders hailed the ruling as a constitutional victory, lawyers described it as a first-of-its-kind high court disqualification, and the Speaker said he will study the order before deciding next steps.