SC stays High Court's order on disqualification of Mukul Roy as MLA

The Supreme Court on Friday stayed a Calcutta High Court order that had disqualified veteran leader Mukul Roy as a member of the West Bengal Legislative Assembly under the anti-defection law. Roy had joined the ruling Trinamool Congress after being elected on a BJP ticket in the 2021 Assembly elections.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued notice to BJP leaders Suvendu Adhikari and Ambika Roy on a plea filed by Roy’s son, Subhranshu Roy, challenging the high court’s November 13, 2025 verdict. The court sought counter-affidavits from the respondents within two weeks.

During the hearing, counsel for Subhranshu Roy argued that the high court had exceeded its jurisdiction by overturning the Assembly Speaker’s decision, who had earlier rejected disqualification pleas due to lack of legally admissible electronic evidence. The Supreme Court stressed that electronic evidence must be proved strictly as per law, especially in the era of artificial intelligence.

The BJP, however, maintained that video recordings and related material proved Mukul Roy’s defection. The bench questioned whether disqualification could be based on transcripts or alleged non-denial without proper legal proof, citing established judgments on admissibility of electronic evidence.

The court noted that the Assembly term is nearing its end and observed that any future developments could be addressed separately. Mukul Roy was elected from the Krishnanagar North seat in 2021 on a BJP ticket and joined the Trinamool Congress shortly after the elections.