Supreme Court stays Calcutta HC verdict disqualifying Mukul Roy as MLA for defecting to Trinamool Congress

The Supreme Court on Friday, January 16, 2026, set aside the Kolkata High Court’s order disqualifying senior leader Mukul Roy as West Bengal Assembly MLA after he defected from the BJP to the TMC.

The bench, comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, set aside the Supreme Court’s order dated November 13, 2025.

By invoking the anti-defection law, the Supreme Court, for the first time, used its constitutional authority to disqualify an elected member of parliament under the anti-defection law.

Mr. Roy was elected to the Assembly in May 2021 on a BJP ticket from Krishnanagar Uttar seat, but joined the ruling Trinamool Congress in June the same year in the presence of Chief Minister Mamata Banerjee and TMC national general secretary Abhishek Banerjee and retained his MLA status.