New Delhi: The Supreme Court today (28 July 2017) granted a stay on the decision by Election Commission of India to declare null and void the election of Madhya Pradesh Minister for Water Resources, Public Relations and Legislative Affairs, Narottam Mishra.
Responding to an appeal by Mishra, the Supreme Court has asked the Delhi High Court to hear the matter and take a decision within two weeks. The Supreme Court has said that the matter involves questions relating to the interpretation of the provisions of the Representation of the People Act.
Apex Court bench said: “We also deem it appropriate, in the circumstances, to keep the operation of the order of the Election Commission dated June 23, 2017, referred to supra, in abeyance”.
The Delhi HIgh Court on 16 July had refused to grant interim relief to Mishra, who wanted that his right to vote in Presidential election on 17 July should be protected while his case was being heard in the High Court on orders of the Supreme Court.
New Delhi: In a special Sunday hearing, a double Bench of Delhi High Court has rejected Madhya Pradesh Minister Narottam Mishra’s plea to vote in the Presidential election tomorrow.
Mishra’s petition challenging the election Commission’s decision against him has been allowed and posted for hearing in August by the two-Judge Bench of Delhi High Court.
A specially constituted Delhi High Court’s single-judge bench of Justice Indermeet Kaur Delhi High Court on Friday had quashed a petition by Narottam Mishra challenging the June 23 Election Commission decision to disqualify him for three years in the paid news case.
The Election Commission case was brought before the Delhi High Court on orders of the Supreme Court.
The allegation against Mishra was that he had filed wrong accounts of election expenditure relating to articles and advertorials in the media in the 2008-2013 Assembly Polls.
Former Attorney General Mukul Rohatgi argued on behalf of Mishra in the High Court today. He urged the court that the Election Commission’s decision cannot be applicable now as Mishra was re-elected in 2013 whereas the charges against him relate to the Assembly Election held in 2008.
New Delhi: The Supreme Court of India today considered the issue whether senior Madhya Pradesh Minister Dr. Narottam Mishra continues to be a member of the Legislative Assembly of the State of Madhya Pradesh, and hence can vote in the presidential election scheduled for 17 July 2017 and passed an order that the matter can only be determined after the challenge raised to the order passed by the Election Commission of India, on 23 June 2017, is suitably addressed by the High Court, finally or by an interim order as the High Court may consider appropriate.
A two judge Bench of the Supreme Court, comprising the Chief Justice of India Justice Jagdish Singh Khehar and Justice Dr. D.Y. Chandrachud, said in its order that it would be just and appropriate to direct learned counsel for the rival parties to appear before the Acting Chief Justice of the Delhi High Court, during the course of the day, and present to the High Court the entire paperbook of Writ Petition No.9704/2017 filed before the Madhya Pradesh High Court.
Liberty has also been granted by the Supreme Court to the counsel to request the Acting Chief Justice of Delhi HIgh Court, on behalf of the Supreme Court, to constitute a Bench for hearing Writ Petition No.9704/2017, and that the hearing should commence on 13 July 2017, to suitably address the issue, even if it entails the continuation of hearing during the week-end.
The Supreme Court order came in response to special leave petition [SLP(C)No.17608/2017 (Dr.Narottam Mishra vs. Rajendra Bharti and others), and Transfer Petition [(C)D.No.20213 of 2017 (Rajendra Bharti & Ors. vs.Dr.Narottam Mishra & Ors.)].
During the course of hearing, Mukul Rohatgi, senior counsel, invited the attention of the Supreme Court Bench to Annexure P-13 (appended to the special leave petition), which is a communication addressed by the respondent – Rajendra Bharti, to the Registrar General of the Madhya Pradesh High Court.
Kapil Sibal, the senior counsel representing the respondent Rajendra Bharti submitted, that the communication (Annexure P-13) be treated as having been withdrawn. He also tendered an unconditional apology with reference to the insinuations leveled therein, on behalf of the respondent
After making their submissions, the counsel for the rival parties agreed that the proceedings in Writ Petition 9704 of 2017 filed before the High Court of Madhya Pradesh (Principal seat at Jabalpur) be transferred, for hearing and disposal on merits, to the High Court of Delhi.
Amit Sharma, counsel, appeared on behalf of the Election Commission of India. He undertook that he will appear before the Delhi High Court in compliance with the directions issued by the Supreme Court, to represent the Election Commission of India.
New Delhi: The Election Commission of India today disqualified Madhya Pradesh minister for Public Relations Narottam Mishra for filing wrong accounts of election expenditure.
With today’s verdict, Mishra’s election from the Datia Assembly constituency stands void.
Mishra has been disqualified for three years and this has been confirmed by an EC spokesperson.
It was alleged by Rajendra Bharti of Congress party that the hgh profile Madhya Pradesh Minister had not filed certain details in his election expenditure in the 2008 polls. It is learnt that there were also allegations against him regarding paid news.
Mishra had been served notice by EC on January 15, 2013. After that he had moved the Madhya Pradesh High Court and Supreme Court but no relief was granted to him.