Rebel Aam Aadmi Party legislator Kapil Mishra on Tuesday approached the Delhi High Court against his disqualification from the Legislative Assembly under the anti-defection law.
‘Advocate Ashwani Dubey ji has filed a petition in Delhi High Court against the “Unconstitutional Order” of Speaker, said Kapil Mishra in a tweet.
— Kapil Mishra (@KapilMishra_IND) August 6, 2019
The Delhi Assembly Speaker on Friday, last week, disqualified Aam Aadmi Party (AAP) rebel MLA Kapil Mishra from the House under the ‘Anti-Defection’ law, on the 10th Schedule of the Constitution. Mishra was disqualified from the Delhi Assembly after a petition was moved by the AAP under anti-defection’ alleging that Mishra had campaigned for PM Narendra Modi in the national polls 2019.
As per the order issued by the Delhi Assembly Speaker Ram Niwas Goel, Kapil Mishra’s disqualification from the Assembly takes effect from January 27 this year when he shared the dais with Delhi BJP chief Manoj Tiwari and the then Union minister Vijay Goel against the Aam Aadmi Party.
Former Aam Aadmi Party leader, once a close aide of Chief Minister Arvind Kejriwal, turned rebel after he was removed from the Cabinet in 2017.
In the meantime, the party has already found a replacement for Kapil Mishra for Karawal Nagar Assembly. If reports to be believed, the party is likely to pitch Durgesh Pathak from the assembly in the Delhi polls slated for next year.
Aam Aadmi Party had earlier filed a petition before the Delhi Assembly Speaker Ram Niwas Goel seeking disqualification of two rebel MLAs – Devendra Sehrawat and Anil Bajpai. Both Bajpai and Sehrawat had joined Bharatiya Janata Party in a run-up to the national polls.
Following the petition, Delhi Assembly Speaker issued a notice seeking a reply from both the rebels. However, in reply both the lawmakers submitted that they are with Aam Aadmi Party (AAP) and did not join Bharatiya Janata Party (BJP). The lawyers representing the Lawmaker claimed that news items are false and they have not defected to BJP.