Did the SC Really Halt the Calcutta HC's Order Canceling Mukul Roy's Membership from West Bengal Assembly?
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New Delhi, Jan 16 (NationPress) The Supreme Court has temporarily suspended the recent ruling by the Calcutta High Court that disqualified prominent politician Mukul Roy from the West Bengal Assembly due to the anti-defection law.
A bench led by Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi issued a notice to the involved parties, including Suvendu Adhikari, the Leader of Opposition in the Assembly, and BJP MLA Ambika Roy. This notice comes in response to a petition filed by Roy’s son, Subhranshu Roy, contesting the earlier verdict and requesting a response within four weeks.
Meanwhile, the apex court has mandated that the contested judgment will remain on hold.
During the proceedings, the CJI-led Bench raised concerns regarding the Calcutta High Court’s assertion that strict adherence to Section 65B of the Evidence Act was unnecessary in matters related to the Tenth Schedule of the Constitution.
In discussing the electronic evidence against Roy, which included footage of him participating in a Trinamool Congress press conference, the Supreme Court pointed out that digital evidence must be appropriately authenticated. They emphasized that in today’s technological era, including the rise of Artificial Intelligence, the credibility of electronic evidence cannot be assumed.
Roy, who previously served as the Trinamool General Secretary, switched to the Bharatiya Janata Party (BJP) prior to the 2021 West Bengal elections. He was successful as a BJP candidate in the Krishnanagar (Uttar) Assembly constituency located in Nadia district. However, shortly after the election results were announced and the party secured a third consecutive term with a significant majority, he rejoined the Trinamool Congress without resigning from the Assembly, officially retaining his position as a BJP legislator.
The Assembly Speaker, Biman Bandopadhyay, dismissed the BJP's request to revoke Roy's Assembly membership, stating that since Roy was officially a BJP candidate, his membership could not be annulled.
Additionally, Roy was appointed as the Chairman of the Public Accounts Committee (PAC) of the House, a role typically awarded to a member from the principal Opposition party.
Subsequently, the BJP sought intervention from the Calcutta High Court to annul Roy's membership as a legislator from the Krishnanagar (Uttar) Assembly constituency.
Following an extensive hearing, the Calcutta High Court, in an order dated November 13, 2025, revoked Roy's membership from the Assembly. A bench consisting of Justices Debangsu Basak and Md. Shabbar Rashidi also overturned the Speaker's ruling that had previously declined to cancel Roy's Assembly membership.