“Electronic Evidence not Verified”, Supreme Court stays the disqualification of Mukul Roy as MLA

New Delhi: The Supreme Court of India on Friday stayed a Calcutta High Court judgment that had disqualified veteran politician Mukul Roy. This disqualification was from his position as a Member of the West Bengal Legislative Assembly. This order puts the November 13, 2025, decision of the high court on hold and allows Roy to keep his MLA status for now as the legal battle continues.

A bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi granted the interim stay after hearing a petition filed by Roy’s son, Subhranshu Roy, who challenged the High Court ruling. The top court also issued notices to Suvendu Adhikari and Ambika Roy, the BJP leaders whose disqualification petitions triggered the earlier judgment.

The Calcutta High Court had found that Roy was originally elected on a BJP ticket from Krishnanagar North in the 2021 Assembly elections. But he lost his seat by joining the Trinamool Congress (TMC) soon after the polls. That decision applied the anti-defection law and stated that his membership was disqualified with effect from June 11, 2021.

However, in the Supreme Court, lawyers argued that the Calcutta High Court went beyond its powers while passing the order. They said the court relied on electronic evidence that was not properly verified. The judges also pointed out that digital material must be carefully checked before courts can depend on it. Further adding that, at this time, videos and images can be easily edited or created using new technology.

By staying the High Court’s order, the Supreme Court keeps the matter alive for further hearing, while Roy’s status as a legislator remains intact for the moment.


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