Ex-AAP MLA Kapil Mishra moves Delhi HC against disqualification order

Kapil Mishra was disqualified on a petition moved by AAP MLA Saurabh Bhardwaj. The Speaker conducted a probe and disqualified Mishra under the anti-defection law.

Former Aam Aadmi Party (AAP) MLA Kapil Mishra on Tuesday moved the Delhi High Court challenging his disqualification by Delhi Assembly Speaker Ram Niwas Goel for campaigning for the Bharatiya Janata Party (BJP) in the recent Lok Sabha elections.

Former AAP lawmaker Kapil Mishra (Sushil Kumar/HT File)

Mishra was disqualified on a petition moved by AAP MLA Saurabh Bhardwaj. The Speaker conducted a probe and disqualified Mishra under the 10th Schedule, known as the anti-defection law.

The disqualification came into effect from January 27, 2019 -- the day Mishra shared the stage with BJP leaders Vijay Goel and Delhi BJP chief Manoj Tiwari to launch a campaign in support of Prime Minister Narendra Modi.

In his plea, Mishra said the disqualification order was illegal, arbitrary, vague and on malafide grounds without providing any opportunity to the petitioner and denied the principle of natural justice to him. It said he had filed several applications with the Speaker to present his case but was not granted the opportunity.

“...the petitioner (Mishra) has time and again requested the Speaker to accord him the proper opportunity to represent his case on merits, to lead the evidence...However, all applications filed by him requesting the Speaker to provide him the opportunity have gone in vain and none of the applications was decided and neither was he given any opportunity. Hence the principles of natural justice and fair play stood violated,” the plea read.

The petition said the Speaker disqualified Mishra assuming that he had voluntarily given up membership of AAP on January 27. It said the Speaker deliberately ignored the fact that he had attended the Budget Session of Delhi Assembly from February 22 to February 28 and followed all orders issued by the AAAP chief whip and also supported all bills, proposals and resolutions tabled by the government.

“I was not given a proper opportunity to present my case. I was disqualified by the Speaker by assuming that I had voluntarily given up membership even though he ignored the fact that I had attended the session in February and supported crucial bills,” Mishra said

The petition sought setting aside of the disqualification order passed by the Speaker. The matter is likely to be heard this week.