Calcutta High Court Removes Mukul Roy from Assembly Under Anti Defection Law

The Calcutta High Court has disqualified senior political leader Mukul Roy from the West Bengal Assembly after ruling that he violated the anti defection law. The verdict overturns the earlier decision of the Assembly Speaker, who had declined to act against Roy despite multiple petitions from the opposition.

Court Sets Aside Speaker's Decision

The division bench of Justice Debangshu Basak passed the order on Thursday, holding that Roy had lost his membership by joining the Trinamool Congress after winning his seat on a BJP ticket in 2021. The bench also nullified the decision of Speaker Biman Banerjee, who had previously refused to disqualify Roy or remove him from the Public Accounts Committee.

The controversy began when BJP MLA Ambika Roy filed a petition in 2021 objecting to Roy's appointment as PAC chairman. He argued that the post traditionally goes to the opposition and that Roy could not be considered a BJP representative after switching to Trinamool.

Long Legal Battle Over Party Switching

Opposition leaders continued to press the case, alleging that Roy had openly aligned with Trinamool despite technically remaining a BJP MLA. In 2023, Suvendu Adhikari filed another petition asserting that the anti defection law required Roy to vacate his post. He argued that Roy had won on a BJP ticket but was now working for Trinamool.

The High Court then directed the Speaker to reconsider the matter after hearing all sides. Even after reviewing the submissions, the Speaker maintained that there was no basis for disqualifying Roy. The BJP countered that voters support a party rather than a candidate and that switching sides weakened democratic accountability.

The matter returned to court, and after months of hearings, the bench upheld the opposition's position. This marks the first time in West Bengal that an MLA has been removed under the anti defection law.

Strong Reactions Across Political Spectrum

Following the verdict, Suvendu Adhikari said, "The Constitution has won. The Tenth Schedule has won. We fought a long battle. Fifteen years have passed under Biman Banerjee's leadership where the Constitution has been violated. Earlier CPM and Congress suffered. They could not fight. Since 2021, BJP has been targeted. One after another, BJP MLAs were taken away in different ways. Today it was important to show that the Constitution speaks the final word."

He added that he would now pursue cases involving other defectors, saying, "If someone wants to leave a party, they should resign. I myself left my ministry and my post before joining the BJP."

Trinamool's Arup Chakraborty took aim at Adhikari, saying, "After Shishir Adhikari became MP, I saw him going to BJP meetings, touching Amit Shah's feet, and participating in votes while rejecting the party whip. Where was Suvendu's victory of the Constitution then? Mukul da is seriously ill. I pray for his recovery. But Suvendu, who deals in deception, is giving big dialogues. Let him answer how BJP toppled governments in Maharashtra, Goa, and Arunachal."

CPM's Sujan Chakraborty welcomed the ruling but criticised the Speaker for failing in his duties. He said, "This verdict is a victory for the Constitution and a step to protect the anti defection law. The Speaker failed to uphold it. But Suvendu's words do not suit him. His own party encourages bringing leaders from Trinamool into BJP. They do not respect the Constitution, neither the rulers of West Bengal nor those of Delhi."

Background of Mukul Roy's Return to Trinamool

Mukul Roy had won the 2021 Assembly election on a BJP ticket but returned to the Trinamool Congress on 11 June the same year along with his son Subhranshu. At Trinamool Bhavan, Abhishek Banerjee welcomed them with party scarves. Mamata Banerjee was also present and said, "The son of the house has returned home."

After his return, Roy was appointed chairman of the Public Accounts Committee, a move that sparked the BJP's legal challenge.

Congress leader Soumya Aich Roy described the situation as political theft. He said, "This is called political robbery. Our leaders are forced to switch flags every day. The court's directive is absolutely correct. But the person commenting now is like a ghost chanting the name of God. Suvendu Adhikari and Trinamool worked together to silence opponents across Malda, Murshidabad, and Dinajpur. Now suddenly he has discovered morality."