In a significant verdict, the Calcutta High Court has nullified the membership of veteran political leader Mukul Roy as a Member of the Legislative Assembly (MLA) for the Trinamool Congress (TMC). The Division Bench, comprising Justices Debangsu Basak and Shabbir Rashidi, delivered the ruling, which hinged on the application of the Anti-Defection Law.

The judgment comes after a protracted legal battle initiated by Leader of the Opposition Suvendu Adhikari and Kalyani BJP MLA Ambika Roy. Crucially, the court also set aside the earlier decision made by Assembly Speaker Biman Banerjee regarding Roy’s status.

The Center of the Dispute

The controversy dates back to 2022. Roy, who had won the 2021 Assembly elections on a Bharatiya Janata Party (BJP) ticket, made a sudden political ‘homecoming’ to the TMC just a year later. This swift switch sparked questions about the legitimacy of his continued tenure as an MLA, particularly from the saffron party, which highlighted his victory under their banner.

Adhikari, confident in his legal strategy, had stated, “I am well aware of the Anti-Defection Law.” True to his word, the legal challenge against Roy’s defection and the Speaker’s subsequent ruling began.

Legal Journey and Precedent

The BJP initially took the matter to the Supreme Court. However, the apex court suggested that the petitioners approach the Calcutta High Court instead, leading Adhikari to challenge the Speaker’s decision there.

The High Court bench heard the case proceedings on Thursday. The court not only agreed with Adhikari’s plea but also with a separate petition filed by Ambika Roy. Ambika Roy had legally challenged the appointment of a leader who had defected to the ruling party (Roy) to the post of Chairman of the Public Accounts Committee (PAC).

While Roy had already stepped down from the PAC post—with the Speaker appointing BJP MLA Krishna Kalyani to the role in 2022—the High Court’s definitive ruling on his MLA status marks a final conclusion to the high-profile defection case, reinforcing the strict implementation of the Anti-Defection Law.

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