Disqualified AAP MLA Kapil Mishra, who recently joined the BJP, on Wednesday withdrew from the High Court his plea against his disqualification from the Delhi Assembly under the anti-defection law.
On August 2, Speaker Ram Niwas Goel had disqualified Mr. Mishra from the Assembly for campaigning for the BJP and Prime Minister Narendra Modi in the Lok Sabha election and for sharing the stage with other leaders of that party at an event.
Joined the BJP
The Karawal Nagar legislator was disqualified with effect from January 27 for taking art in a BJP electioneering programme.
Mr. Mishra said he joined the BJP on August 17.
On Wednesday, Justice Navin Chawla allowed Mr. Mishra to withdraw his petition on his counsel’s request. In his plea seeking quashing of the Speaker’s order, Mr. Mishra had contended that the Mr. Goel’s decision was “wholly illegal, arbitrary, vague and mala fide” as he was not given any opportunity to present his case.
Mr. Mishra had said when he attended the BJP event, the Speaker assumed he had voluntarily given up his AAP membership.
He had further argued that other AAP leaders like Chief Minister Arvind Kejriwal had also shared the stage with rival political parties like the Congress and the Samajwadi Party and there cannot be different yardsticks for members.
The Speaker’s order had come on a complaint by AAP MLA Saurabh Bharadwaj, who sought Mr. Mishra’s disqualification from the Delhi Sssembly under the anti-defection law. Mr. Mishra had contended that the Speaker did not give him the opportunity to contest his case on merits and also did not permit him to lead the evidence.
He had contended that the Speaker never gave him the chance to raise the point of non-maintainability of the complaint or the fact that Mr. Bharadwaj had no locus standi to file the petition under the anti-defection law.
‘Highlighted corruption’
Mr. Mishra had claimed that the action was taken against him as he had highlighted ‘acts of corruption’ by Mr. Kejriwal, Ministers and functionaries of the city government and the speaker had “prejudice and oblique motive” against him.
He added that he had met BJP MP Vijay Goel at his residence on January 27, where he also met Delhi BJP chief Manoj Tiwari. Under no law can that visit remotely equate to voluntarily relinquishing the AAP membership, he had contended.