Calcutta HC Sets Aside Speaker’s Order; Declares Mukul Roy Disqualified Under Tenth Schedule From June 11, 2021 [Read Order]

Kolkata: The Calcutta High Court has allowed the petition filed in Suvendu Adhikari & Ors. v. Hon’ble Speaker, West Bengal Legislative Assembly & Ors., declaring that MLA Mukul Roy stood disqualified from the membership of the West Bengal Legislative Assembly with effect from June 11, 2021, on account of defection under Paragraph 2(1)(a) of the Tenth Schedule. The Court further held that the Speaker’s refusal to disqualify the MLA was unsustainable in law.

The Bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi delivered its judgment on November 13, 2025, holding that the Speaker’s determination suffered from perversity and was contrary to the material placed before him. The judgment records that the Speaker failed to appreciate undisputed facts and binding legal principles governing defection proceedings.

The High Court noted that proceedings under the Tenth Schedule are civil in nature, and therefore, the standard of proof required is the preponderance of probabilities, not proof beyond reasonable doubt. The Court extracted and relied upon the following principle:

“In a proceeding under the Tenth Schedule, the degree of proof required is not that of a criminal trial. Proof beyond reasonable doubt is not needed to establish that a member has voluntarily given up membership of the political party.”

The petitioners had alleged that Mukul Roy, elected as a BJP candidate, had voluntarily given up his membership of the party by publicly associating himself with the All India Trinamool Congress (TMC). The Court held that the evidence before the Speaker, including public appearances and statements, clearly demonstrated voluntary abandonment of the BJP.

The Court recorded:

“The materials placed before the Speaker were sufficient to draw the conclusion that the respondent No. 2 had, by his conduct, voluntarily given up membership of the Bharatiya Janata Party.”

It further held that the Speaker failed to take into account relevant material and drew conclusions unsupported by evidence, observing:

“No reasonable person could have arrived at the conclusion returned by the Speaker on the material before him.”

The Bench emphasized that the object of the Tenth Schedule is to curb political defections that undermine the democratic process, and that the Speaker, acting as a tribunal under the Tenth Schedule, is required to exercise powers in accordance with constitutional parameters. Any deviation from the legal standards governing disqualification proceedings, the Court held, violates the purpose of the anti-defection mechanism.

The Court also examined the timeline of events and held that the disqualification relates back to the date on which the act of defection was demonstrably complete. Consequently, it declared:

“The respondent No. 2 is declared to have become disqualified to continue as a Member of the West Bengal Legislative Assembly with effect from June 11, 2021.”

The judgment further sets aside the Speaker’s order and directs that the consequences of disqualification shall follow from the date fixed by the Court. The High Court reiterated that while the Speaker holds constitutional authority to decide questions of disqualification, the decision must adhere to principles of reasonableness, objectivity, and constitutional fidelity.

The Court also reaffirmed that judicial review is permissible when the Speaker’s order suffers from jurisdictional errors, perversity, or violation of constitutional mandates. It noted that the Speaker’s decision, in the present case, fell within these recognized grounds of interference.

Having allowed the petition, the Court clarified that all consequential legal effects of disqualification would operate from the declared date. No further directions were considered necessary in view of the dispositive nature of the findings.

Case Title: Suvendu Adhikari & Ors. v. Hon’ble Speaker, West Bengal Legislative Assembly & Ors.

Court: Calcutta High Court

Bench: Hon’ble Justice Debangsu Basak and Hon’ble Justice Md. Shabbar Rashidi

Date of Judgment: November 13, 2025

[Read Order]