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Supreme Court Stays Calcutta High Court Order Disqualifying Mukul Roy

The bench questioned the High Court’s relaxation of Section 65B requirements for social media evidence in anti-defection proceedings.

Overview

  • The interim stay keeps the Calcutta High Court’s disqualification of Mukul Roy in abeyance, allowing him to remain an MLA for now.
  • Chief Justice Surya Kant and Justice Joymalya Bagchi issued notice on a petition filed by Roy’s son, with counsel citing Roy’s ill health.
  • The court signaled reliance on the Arjun Panditrao Khotkar precedent in expressing doubt about easing Section 65B authentication standards.
  • The High Court had disqualified Roy after petitions by Suvendu Adhikari and Ambika Roy, following the Speaker’s refusal to unseat him.
  • Chief Justice Kant noted the Assembly’s term ends in about four months and indicated parties could seek remedies if Roy contests again.