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This ruling counts as the first time in India’s history that a high court has disqualified an MLA on charges of “anti-party” activities
Mukul Roy was elected to the House on a BJP ticket in May 2021, but joined the ruling TMC in August that year in the presence of CM Mamata Banerjee and TMC national general secretary Abhishek Banerjee. (Image: PTI/File)
The Calcutta High Court on Thursday cancelled the membership of TMC leader Mukul Roy from the West Bengal legislative assembly.
The court disqualified Roy under the anti-defection law, in a judgment passed by a division bench presided over by Justice Debangsu Basak.
The bench disqualified Roy as a member of the state assembly, acting upon petitions submitted by opposition leader Suvendu Adhikari and BJP MLA Ambika Roy.
This ruling counts as the first time in India’s history that a high court has disqualified an MLA on charges of “anti-party” activities. It also struck down the decision to appoint the senior leader as the chairman of the public accounts committee (PAC), calling it flawed.
The core conflict addressed by the court revolved around his swift transition between political parties following the 2021 assembly elections. He was originally elected to the House on a BJP ticket in May 2021 but only a few months later, in August of that same year, switched allegiance and formally joined the ruling Trinamool Congress.
His transition happened in the presence of Chief Minister Mamata Banerjee and TMC national general secretary Abhishek Banerjee.
“We have to examine the matter, this is a controversial topic; we have to see the order and then determine what to do. We have some protection, let’s see what’s there in order,” said Speaker Biman Banerjee.
Leader of Opposition Suvendu Adhikari had filed the necessary petition before the HC specifically challenging the earlier decision made by Biman Banerjee, who had rejected the BJP leader’s plea. Adhikari’s core accusation, which the court ultimately upheld, was that Roy had unlawfully switched over to the TMC despite having been elected on a BJP ticket, constituting a violation of the anti-defection statute.
The HC’s verdict now overturns the Speaker’s prior ruling, solidifying the strict application of the anti-defection law in this specific instance.
(With agency inputs)
Kamalika Sengupta is the Editor (East) at CNN-News18 / News18.com, focusing on politics, defence, and women’s issues. She is a seasoned multimedia journalist with over 20 years of experience reporting from East…Read More
Kamalika Sengupta is the Editor (East) at CNN-News18 / News18.com, focusing on politics, defence, and women’s issues. She is a seasoned multimedia journalist with over 20 years of experience reporting from East… Read More
November 13, 2025, 15:36 IST
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