Supreme Court stays Calcutta High Court order disqualifying Mukul Roy as MLA

The Supreme Court on Friday stayed a Calcutta High Court judgment that had disqualified senior politician Mukul Roy as a member of the West Bengal Legislative Assembly following his defection from the Bharatiya Janata Party (BJP) to the ruling Trinamool Congress (TMC).

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi suspended the high court’s order dated 13 November 2025, granting interim relief to Roy and effectively allowing him to retain his MLA status for now.

The Calcutta High Court had invoked the anti-defection law to disqualify Roy, marking the first time it exercised its constitutional powers to unseat an elected legislator on defection grounds.

The ruling had attracted wide attention due to its implications for legislative authority and party discipline.

Roy was elected to the state assembly from the Krishnanagar Uttar constituency in the May 2021 elections on a BJP ticket. However, he switched allegiance to the TMC the following month, joining the party in the presence of Chief Minister Mamata Banerjee and TMC national general secretary Abhishek Banerjee, while continuing as an MLA.

The Supreme Court’s stay does not amount to a final verdict on the matter, and the legal challenge to the high court’s decision is expected to be heard in detail at a later stage. The case is likely to have broader ramifications for the interpretation and application of the anti-defection law.

With PTI inputs