Did the Calcutta HC Just Cancel Mukul Roy's Membership from the West Bengal Assembly?
Synopsis
Key Takeaways
- Mukul Roy's Assembly membership has been annulled.
- The ruling may influence party loyalty in future elections.
- The Calcutta High Court emphasized constitutional integrity.
- No by-election will occur for the Krishnanagar (Uttar) seat.
- The Speaker's initial decision was overturned.
Kolkata, Nov 13 (NationPress) In a significant ruling, a division bench of the Calcutta High Court, on Thursday, annulled the membership of Mukul Roy from the West Bengal Assembly.
Roy, who previously served as the General Secretary of the Trinamool Congress, switched allegiance to the Bharatiya Janata Party (BJP) prior to the 2021 West Bengal elections and won as a BJP candidate from the Krishnanagar (Uttar) Assembly constituency in Nadia district.
However, shortly after the election results were announced and the Trinamool Congress secured a historic third term with a significant majority, he rejoined the party.
Despite his shift back to Trinamool Congress, he did not formally resign from the Assembly and continued to serve as a BJP legislator.
The Assembly Speaker, Biman Bandopadhyay, dismissed the BJP's request to revoke Roy's membership, asserting that his status as a BJP candidate meant his membership was secure.
Moreover, Roy was appointed Chairman of the Public Accounts Committee (PAC), a role typically assigned to an MLA from the primary opposition.
Subsequently, the BJP appealed to the Calcutta High Court to annul Roy's membership as a legislator for the Krishnanagar (Uttar) constituency.
After extensive deliberation, the division bench consisting of Justice Debangsu Basak and Justice Md. Shabbar Rashidi ruled on Thursday to revoke Roy's Assembly membership.
The court's decision also overturned the earlier ruling by the Speaker to maintain Roy's membership.
Given that West Bengal is approaching pivotal Assembly elections next year, there will be no by-election in the Krishnanagar (Uttar) constituency during this interim period.
In response to the court's decision, the Leader of the Opposition in the West Bengal Assembly and senior BJP figure, Suvendu Adhikari, expressed that while the judgment was delayed, it ultimately upheld the truth.
Adhikari stated, "This judgment by the court not only preserves the integrity of the Constitution, particularly the Tenth Schedule, but also highlights the biased stance of the Assembly Speaker in defection cases. I wholeheartedly welcome this historic ruling," in a social media post.
Nevertheless, there has been no comment from the Trinamool Congress or the Speaker regarding this development.