MP HC Issues Notices To Legislative Affairs Minister Narottam Mishra, Another

The Madhya Pradesh High Court has issued notices to state Legislative Affairs Minister Narottam Mishra and another during the hearing of a PIL filed against inaction to declare the seat of the minister vacant in the Legislative Assembly following his disqualification.

On June 23, the Election Commission issued an order of disqualification of the minister for filing wrong accounts of election expenditure.

Thus, his election from the Datia Assembly constituency in year 2013 also stands void.

A journalist and social worker filed a PIL taking ground that Article 190(3) of the Constitution of India clearly mandates that the seat falls vacant immediately upon disqualification.

The petition claimed the inaction of respondents violates provisions of Article 190(3).

Besides, the minister is holding the portfolio of legislative affairs and was grossly misusing his official position for personal benefit, petitioner’s counsel Ajay Raizada said.

The EC order of disqualification of the minister came after conducting probe into a complaint filed by Rajendra Bharti against the minister for not submitting proper election expenditure statements, the counsel said.

Bharti has been made respondent in the PIL on direction of the court.

Counsels for respondents - Secretary to the Governor, Principal Secretary, Department of Legislative Affairs; and Election Commission of India - appeared in the hearing on advance notice.