Kolkata: The Supreme Court of India on Friday stayed a judgment of the Calcutta High Court that had disqualified senior politician Mukul Roy from the West Bengal Legislative Assembly under the anti-defection law.
A Bench headed by Chief Justice of India Surya Kant, along with Justice Joymalya Bagchi, passed the interim order while issuing notice on a petition filed by Roy’s son, Subhranshu Roy. The Bench reportedly directed that the operation of the High Court’s judgment would remain in abeyance until further orders.
Roy had won the Krishnanagar North Assembly seat in the 2021 elections on a BJP ticket. It was alleged that after the polls, he joined the Trinamool Congress, prompting disqualification petitions by BJP leader of Opposition Suvendu Adhikari and party MLA Ambika Roy. The Speaker of the Assembly had earlier refused to disqualify Roy, following which Adhikari moved the High Court, which overturned the Speaker’s decision.
Before the Supreme Court, counsel for the petitioner argued that the High Court exceeded the limited scope of judicial review available in anti-defection matters. It was also submitted that the Speaker had rejected the disqualification pleas as the social media material relied upon to establish defection was not authenticated in accordance with Section 65B of the Evidence Act. The High Court, however, had held that strict compliance with Section 65B was not required in proceedings under the Tenth Schedule of the Constitution.
Opposing the plea, counsel for Adhikari contended that Roy had openly aligned with a rival party after being elected, clearly attracting disqualification, and also questioned the maintainability of the petition filed by Roy’s son.
The Bench, however, expressed reservations on both counts, observing that electronic evidence must meet authenticity standards and noting the serious consequences of disqualification, particularly as the Assembly’s term is nearing its end.