West Bengal Speaker rejects petition to disqualify Mukul Roy from the post of MLA

The order means Mukul Roy, who represents the Krishnanagar South assembly constituency, remains a BJP MLA. (Image: Twitter ANI)

The Calcutta HC on April 11 set aside the Speaker’s earlier order, dismissing a petition by the officer, seeking disqualification of Roy as a member of the House on grounds of defection and the case was reinstated for fresh consideration.

  • PTI Kolkata
  • Last Update:June 08, 2022, 18:28 IST
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West Bengal Assembly Speaker Biman Banerjee on Wednesday dismissed a petition by Leader of Opposition Suvendu Adhikari seeking disqualification of BJP MLA Mukul Roy, saying he did not find merit in the petitioner’s argument. Banerjee upheld her earlier decision on the matter.

The Calcutta High Court on April 11 set aside the Speaker’s earlier order, dismissing a petition by the officer seeking disqualification of Rai as a member of the House on grounds of defection and The matter was reinstated for fresh consideration. I have heard from both the sides, discussed in detail the earlier decisions cited by the petitioner and came to the conclusion that the petitioner has failed to substantiate his argument. The petitioner focused on electronic evidence. I looked at the evidence which failed to prove the allegation.

Speaking to reporters in his chamber after delivering his verdict, noted lawyer Banerjee said it was a matter of law and refused to say anything further on the issue. TMC sources said the Speaker’s order implies that Roy, who represents Krishnanagar South assembly constituency, continues to be a BJP MLA. Rai had joined the ruling Trinamool Congress in June 2021, almost a month after winning the assembly elections on a BJP ticket. He did not resign as a member of the House. The officer then filed a disqualification petition against him before the Speaker under the Anti-Defection Act.

In February this year, Speaker Banerjee had dismissed the petition. The BJP legislator officer then challenged the order in the High Court. Another saffron party MLA Ambika Roy had in July last year challenged Rai’s election as the chairman of the Public Accounts Committee in the High Court and prayed for nomination of an opposition member to the post as per tradition. The matter is pending. Banerjee said, “Leader of Opposition Suvendu Adhikari and MLA Ambika Roy had questioned the legality of appointment of Mukul Roy as PAC President and demanded his disqualification as MLA. They went to court. This matter went from High Court to Supreme Court but Hon’ble Supreme Court sent it back to High Court and Hon’ble High Court asked me to give my verdict within a month.

The High Court’s order was given on 11 April and the Speaker delivered its verdict on 12 May.

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