Delhi HC asks Kapil Mishra to file response on disqualification speaker’s order

Appearing for the petitioner, his counsel told the court that the allegations might not be refuted but that does not mean that he had voluntarily given up his membership from AAP.

The Delhi High Court on Friday directed rebel AAP MLA Kapil Mishra to file his response on the Delhi Assembly speaker’s order disqualifying him for campaigning for the Bharatiya Janata Party in the recent Lok Sabha elections.

Justice Vibhu Bakhru told Kapil Mishra to prove that his disqualification was erroneous and for that he has to specifically deny the findings or allegations against him in the disqualification order. (ANI FILE)

Justice Vibhu Bakhru told Mishra to prove that his disqualification was erroneous and for that he has to specifically deny the findings or allegations against him in the disqualification order.

“You (Mishra) have to show that the order was palpably erroneous. Are you contesting the merits of the order? Are you denying any of the findings? Where have you said the allegations are not correct? Your claim of natural justice has no meaning if you are not contesting the facts,” the court said.

“File an affidavit indicating your response to the merits of the findings recorded in the impugned order,” it said, while posting the matter for September 4.

Appearing for the petitioner, his counsel told the court that the allegations might not be refuted but that does not mean that he had voluntarily given up his membership from AAP.

Countering these submissions, senior advocate Sudhir Nandrajog, appearing for the Delhi Assembly, told the court that ample opportunity was granted to Mishra and there was no irregularity in the order.

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 mala fide grounds without providing him any opportunity 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 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 AAP chief whip and also supported all bills, proposals and resolutions tabled by the government.