Plea against Dr Mishra to be heard on July 26

Source: The Hitavada      Date: 12 Jul 2017 11:42:42


Legal Correspondent

A division bench of the Madhya Pradesh High Court comprising Chief Justice Hemant Gupta and Justice Vijay Kumar Shukla, on Tuesday, listed hearing in the matter of disqualification of Dr Narottam Mishra after two weeks.
During the hearing, counsel for Congress MLA Rajendra Bharti stated before the division bench that he had filed transfer petition before the Supreme Court, thereafter, the division bench listed the hearing on July 26.


The division bench heard two petitions filed by Dr Narottam Mishra and journalist Surendra Dubey filed separately. Petitioner Dr Narottam Mishra has challenging the order passed by the EC and seeking relief for voting in the election of President of India. Petitioner Surendra Dubey mentioned in this petition that the Election Commission on June 23, 2017 had ordered that Narottam Mishra should be debarred from being member of either Houses of the State Legislature and also from contesting polls for three years from the date of issue of the disqualification order.


The petitioner contended in the petition that according to Article 190(3) of the Constitution of India that if any member of the constituency (MLA) has been declared disqualifying member by the Election Commission, then that seat of constituency is treated as vacant seat. But the Governor of MP and State Government are not declaring the seat of Narottam Mishra as a vacant seat (unfilled), this is unconstitutional.


Earlier, the Election Commission had order the disqualification of Madhya Pradesh Minister Narottam Mishra for having filed wrong account of his poll expenditure during the 2008 Assembly election in the State. As laid down under Section 7(b) of the Representative of the People Act, 1951, Mishra stands debarred from being member of either Houses of the state legislature and also from contesting polls for three years from the date of issue of the disqualification order. Mishra is currently a minister in the Shivraj Singh Chouhan government. He can no longer be in the Cabinet in view of EC ordering his disqualification and will have to skip the 2018 assembly poll in Madhya Pradesh.

The petition seeking Mishra’s disqualification was filed in 2009 by Congress MLA Rajendra Bharti, alleging that the former had not included expenses incurred by him on ‘paid news’ while filing his expenditure statement before EC after the 2008 poll. The Commission had issued a notice in January 2013 seeking his response.