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Calcutta HC Strikes Down Mukul Roy's Assembly Seat Amid Defection Drama

The Calcutta High Court has delivered a significant verdict by cancelling Mukul Roy's membership in the West Bengal Assembly. This comes after Roy contested as a BJP candidate but switched to Trinamool Congress right after the 2021 elections. The court overturned the Assembly Speaker's decision that had protected Roy's membership despite his party change. BJP leaders have welcomed the judgment as upholding constitutional principles while Trinamool Congress remains silent on the matter.

Key Points: Calcutta HC Cancels Mukul Roy's WB Assembly Membership

  • Calcutta HC division bench cancels Mukul Roy's Assembly membership after prolonged legal battle
  • Roy switched from BJP to Trinamool after 2021 election victory
  • Assembly Speaker Biman Bandopadhyay had rejected BJP's plea to cancel membership
  • Court also quashed Speaker's earlier order protecting Roy's legislative position
2 min read

Calcutta HC cancels Trinamool leader Mukul Roy's membership from West Bengal Assembly

Calcutta High Court cancels Mukul Roy's Assembly membership after BJP defection case, overturning Speaker's decision in landmark anti-defection ruling.

"The Court with its Judgment, while preserving sanctity of the Constitution, especially the Tenth Schedule, also has left no second thought about the partisan attitude of the Assembly Speaker - Suvendu Adhikari"

Kolkata, Nov 13

In a landmark judgement, a division bench of the Calcutta High Court, on Thursday, had struck down the membership of Mukul Roy with the West Bengal Assembly.

Roy, the former Trinamool Congress General secretary, joined the Bharatiya Janata Party (BJP) before the 2021 West Bengal elections and also successfully contested as a BJP candidate in Krishnanagar (Uttar) Assembly constituency in Nadia district of West Bengal.

However, he joined Trinamool Congress just days after the results were declared and Trinamool Congress came to power for the third consecutive term with a massive majority.

However, he did not resign as a member of the State Assembly and officially continued as a BJP legislator there.

The Assembly Speaker, Biman Bandopadhyay, rejected the BJP's plea for the cancellation of Roy's membership from the Assembly.

The Speaker said that since Roy was officially a BJP candidate, his membership could not be cancelled.

Roy was even made the Chairman of the public accounts committee (PAC) of the House, a post which is traditionally offered to an MLA from the principal Opposition party in the Assembly.

Thereafter, the BJP approached the Calcutta High Court seeking the cancellation of Roy's membership from the House as a legislator from the Krishnanagar (Uttar) Assembly constituency.

After a prolonged hearing in the matter, finally on Thursday, Calcutta High Court's division bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi finally cancelled Roy's membership from the House.

The division bench also quashed the order passed by the Speaker of the House earlier refusing to cancel the membership of Roy from the State Assembly.

However, considering that West Bengal is heading for the crucial Assembly elections next year, there will be no bypoll in Krishnanagar (Uttar) Assembly constituency during the interim period.

Welcoming the court judgment, the Leader of the Opposition (LoP) in West Bengal Assembly and senior BJP leader, Suvendu Adhikari, said that though delayed, the truth has finally triumphed.

"The Court with its Judgment, while preserving sanctity of the Constitution, especially the Tenth Schedule, also has left no second thought about the partisan attitude of the Assembly Speaker in deciding defection cases. I wholeheartedly welcome this historic judgment," LoP Adhikari said in a social media statement reacting to the court judgment.

However, there was no reaction from Trinamool Congress or the Speaker of the House on the matter.

- IANS

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Reader Comments

S
Sarah B
As someone following Bengal politics, this judgment sets an important precedent. Politicians can't keep switching parties for personal gain while holding onto their seats. The court has upheld constitutional morality.
P
Priya S
While I agree with the court's decision, I'm concerned about the timing. With elections next year, this feels more like political maneuvering than pure constitutional concern. Both parties play these games unfortunately.
A
Arjun K
The Speaker's decision to make him PAC chairman was particularly shocking! That post is meant for opposition, not for someone who technically belongs to ruling party. Judiciary had to step in where legislature failed. 🇮🇳
M
Michael C
This is why we need stronger anti-defection laws. Politicians treat party membership like changing clothes. The people of Krishnanagar elected him as BJP candidate, not as TMC member. Basic democratic principle violated.
K
Kavya N
Good judgment but what about the development work in that constituency? Now there won't be any bypoll, so who will represent the people? The common citizens are the ones who suffer in these political dramas. 🤔

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