Supreme Court Stays Calcutta High Court Order Disqualifying Mukul Roy As MLA

The Supreme Court on Friday stayed the Calcutta High Court’s recent judgment disqualifying senior politician Mukul Roy from the West Bengal Assembly under the anti-defection law.

A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued notice to the respondents. The respondents include West Bengal Leader of Opposition Suvendu Adhikari and BJP MLA Ambika Roy. The notice was issued on a petition filed by Roy’s son, Subhranshu Roy, challenging the Calcutta High Court verdict.

The respondents have been directed to file their replies within four weeks. In the interim, the apex court ordered that the operation of the impugned judgment shall remain stayed.

During the hearing, the CJI-led Bench expressed reservations over the Calcutta High Court’s view that strict compliance with Section 65B of the Evidence Act was not required in proceedings under the Tenth Schedule of the Constitution.

Referring to the electronic evidence relied upon against Roy—showing him attending a Trinamool Congress press conference—the Supreme Court observed that digital material must be duly proved.

The Bench further noted that in the present technological landscape, including the use of Artificial Intelligence, the authenticity of electronic evidence cannot be presumed.

Political Background of Mukul Roy

Mukul Roy, the former General Secretary of the Trinamool Congress, joined the Bharatiya Janata Party (BJP) ahead of the 2021 West Bengal Assembly elections. He successfully contested the Krishnanagar (Uttar) constituency in Nadia district on a BJP ticket.

Days after the results were declared and the Trinamool Congress returned to power for a third consecutive term with a massive majority, Roy rejoined the Trinamool.

He, however, did not resign as an MLA and continued officially as a BJP legislator in the Assembly.

Assembly Speaker Biman Bandopadhyay later rejected the BJP’s plea seeking cancellation of Roy’s membership. He said that since Roy was officially elected as a BJP candidate, his Assembly membership could not be cancelled.

Roy was also appointed Chairman of the Public Accounts Committee (PAC). The post is traditionally held by a member of the principal Opposition party.

Subsequently, the BJP approached the Calcutta High Court seeking the cancellation of Roy’s membership from the House.

After prolonged hearings, the High Court, in an order dated November 13, 2025, cancelled Roy’s membership as an MLA. He represented the Krishnanagar (Uttar) constituency.

The matter was heard by a bench comprising Justices Debangsu Basak and Md Shabbar Rashidi. The bench also set aside the Speaker’s order refusing to disqualify him.

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