High Court's Landmark Ruling on Political Defection
The Calcutta High Court delivered a significant verdict on Thursday, disqualifying veteran politician Mukul Roy as a Member of Legislative Assembly (MLA) under the anti-defection law. The court ruled that his disqualification takes effect from June 11, 2021 - the day he switched from the Bharatiya Janata Party (BJP) to the ruling Trinamool Congress (TMC).
A division bench comprising Justice Debangsu Basak and Justice Md Shabbar Rashidi pronounced the judgment that has sent shockwaves through West Bengal's political landscape. The court not only disqualified Roy but also set aside the Assembly Speaker's June 2022 decision that had previously protected Roy's MLA status.
Chronology of Events and Legal Battle
The political drama began when Mukul Roy, who had won the 2021 assembly elections from Krishnanagar North on a BJP ticket, dramatically switched allegiance to the TMC in June 2021. This move triggered immediate legal challenges from his former party colleagues.
Leader of Opposition in the state Assembly, Suvendu Adhikari, and BJP MLA Ambika Roy moved the court challenging Roy's continuation as an MLA and his subsequent appointment as chairman of the Public Accounts Committee (PAC). The petitioners argued that Roy's actions violated the Tenth Schedule of the Constitution of India, commonly known as the anti-defection law.
The controversy deepened when Roy was appointed as PAC chairman, a position traditionally held by representatives of the Opposition. BJP MLA Ambika Roy first filed a case objecting to this appointment, questioning how someone who had defected to the ruling party could hold this crucial oversight position.
Court Overturns Speaker's Decision
The High Court's judgment represents a strong rebuke to Assembly Speaker Biman Banerjee, who had in June 2022 ruled that there was no basis to disqualify Roy as an MLA. The Speaker had maintained that Roy was still officially a BJP member at the relevant time.
However, the division bench categorically stated: "We have no hesitation in setting aside the impugned order dated June 8, 2022, passed by the Speaker of the Assembly and allowing the petition for disqualification filed by Leader of Opposition Adhikari, dated June 17, 2021."
The court declared that Roy stands disqualified under the Tenth Schedule and the Rules of 1986 with effect from June 11, 2021. Consequently, his nomination as the PAC chairman has also been set aside since his membership of the House suffered disqualification from that date.
Political Reactions and Implications
The judgment has sparked strong reactions from both political camps. Suvendu Adhikari hailed it as a "landmark judgment and the first of its kind in Bengal (possibly also in India)". In a post on X (formerly Twitter), Adhikari stated that "this historic judgment has been delivered in a hotly contested writ petition filed by me in my capacity of being the Leader of Opposition."
Meanwhile, TMC leader Arup Chakraborty launched a counter-attack, pointing to what he called political hypocrisy. He referenced how Sisir Adhikari, Suvendu's father and former Union Minister of State, had become an MP on a TMC ticket but later attended BJP meetings.
The BJP's central argument throughout the legal battle was that voters cast their votes for the party rather than an individual candidate. They maintained that the people of Krishnanagar North had voted for the BJP, not for Mukul Roy personally.
This judgment sets an important precedent in West Bengal politics and reinforces the significance of the anti-defection law in maintaining the sanctity of the electoral process and political party affiliations.
