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The Calcutta High Court has set aside West Bengal Assembly Speaker's order dismissing a petition by the Leader of Opposition Suvendu Adhikari seeking disqualification of BJP turncoat Mukul Roy as a member of the House on grounds of defection. Court has remitted back the matter to the Speaker for fresh decision in accordance with the law.

A Division Bench of Chief Justice Prakash Shrivastava and Justice R Bharadwaj expressed "hope and trust" that the Speaker will "impartially and independently" decide Adhikari's petition seeking disqualification of Mukul Roy.

Court also took note of the 'serious issue' in respect of the Speaker's conduct during the hearing of the petitions by Adhikari and MLA Ambika Roy. Referring to Speaker's objection to the hearing of Adhikari's plea before a division bench, Court noted,

"This Court finds it very strange that the Speaker is raising such a technical objection contrary to the view which has been expressed by the Hon’ble Supreme Court that too in a matter where he has very limited role to play."

Court further observed that the certificate submitted by Adhikari was a "vital document" in support of the evidence which was "completely ignored" by the Speaker. Court noted, 

"The certificate under Section 65-B of the Evidence Act submitted by the petitioner was a vital document in support of the evidence in the form of electronic record which has been completely ignored by the Speaker."

Therefore, Court said, "The Speaker is required to consider the certificate produced by the petitioner under Section 65-B of the Evidence Act and thereafter it is open to him to accept or reject the certificate after assigning due reasons and take further steps."

Therefore, Court held the order of the Speaker 'perverse' noting, "Hence, the impugned order of the Speaker is clearly a perverse order and perversity being one of the grounds of judicial review available against such an order, this Court finds that the order impugned cannot be sustained."

Mukul Roy, contested election as a BJP candidate from Krishnanagar and emerged victorious in the assembly elections held at West Bengal this year. According to writ petition Mukul Roy defected from BJP to AITC on 11th June. The leader of opposition accordingly submitted a petition on 17th June for disqualification of Mukul Roy under Rule 6 of the Member of West Bengal Legislative Assembly (Disqualification on Ground of Defection) Rules, 1986 read with the the constitution.

Case Title: Ambika Roy v. The Hon’ble Speaker, West Bengal Legislative Assembly and Ors. and one other connected matter