New Delhi, 16 January (H.S.): The Supreme Court, presided over by Chief Justice Sanjiv Khanna, stayed the Calcutta High Court's ruling disqualifying Trinamool Congress (TMC) MLA Mukul Roy from legislative membership on Friday, following a plea by his son Subhranshu Roy.

Roy, elected from Krishnanagar Uttar on a Bharatiya Janata Party (BJP) ticket in 2021 before rejoining TMC, faced disqualification petitions from opposition leader Suvendu Adhikari and MLA Ambika Roy.

The Assembly Speaker rejected them, citing lack of verification under Section 65B of the Evidence Act for the incriminating social media post; Adhikari then approached Calcutta High Court, which overturned the Speaker, ruling Section 65B inapplicable to Tenth Schedule proceedings.

During hearings, Adhikari and Roy's counsels—led by Gourav Agrawal—argued Roy's open defection violated anti-defection laws, questioning Subhranshu's locus standi given Mukul's illness; CJI Khanna countered that family representation was valid.

The apex court voiced reservations over exempting defection cases from Evidence Act Section 65B requirements.

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Hindusthan Samachar / Jun Sarkar