The Supreme Court today ordered to transfer the writ petition of state Legislative Affairs Minister Narottam Mishra to the Delhi High Court from the MP High Court’s principal seat at Jabalpur for further hearing.
Mishra moved a special leave petition before the Supreme Court for urgent hearing of his petition on grounds the presidential election is scheduled for 17.07.2017.
Mishra moved the Supreme Court after the MP High Court on 11.07.17 adjourned hearing after two weeks of his petition after the court was informed by the counsel of respondent Rajendra Bharti that a transfer petition is filed in the Supreme Court to hear the matter.
The minister challenged the Election Commission order of June 23, 2017 that disqualified him for filing wrong accounts of election expenditure, thus his election from the Datia Assembly constituency in year 2013 also stands void.
The bench of Chief Justice JS Khehar and Justice DY Chandrachud said “Since the outcome of the proceedings in the above writ petition, has an important bearing on, whether Dr.Narottam Mishra - the petitioner in Writ Petition No.9704/2017 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 17.07.2017.”
“We are of the view, that can only be determined after the challenge raised to the order passed by the Election Commission of India, on 23.06.2017, is suitably addressed by the High Court, finally or by an interim order as the High Court may consider appropriate”, the bench said.