Rebel AAP Member of Legislative Assembly (MLA) has been disqualified by the Delhi Assembly Speaker Ram Niwas Goel under the Anti-Defection Law. The Speaker issued orders to disqualify Mishra who had won on Aam Aadmi Party ticket from Karwal Nagar Assembly seat during 2015 Delhi Assembly elections. Speaker's order to disqualify Mishra stated that he actively campaigned for Prime Minister Narendra Modi and that indicated that he was no more with the AAP and has given up its membership.
The order issued by the Speaker stated that the AAP convener and leader of legislature party Arvind Kejriwal had in a letter on July 2 stated that the party has no objection to the Karawal Nagar MLA being disqualified.
While issuing the order on Mishra's disqualification, the Speaker declared that the respondent in this case , an elected Member of Legislative Assembly (MLA) of the National Capital Territory (NCT), elected from Karawal Nagar , Constituency No 70 has become subject to disqualification under paragraph (2) (1) Tenth Schedule of the Constitution that the disqualification of Kapil Mishra takes effect from January 27, 2019, when he shared dias with Delhi BJP chief Manoj Tiwari and the then Union Minister Vijay Goel against the Aam Aadmi Party.
"The appearance and of participation by respondent (Mishra) in BJP campaign was not a casual affair and as in evident from his subsequent conduct. His (Mishra’s) various tweets, Press conference, campaign etc. In favour of Narendra Modi and the BJP leave no one in doubt that the respondent (Mishra) has voluntarily given up the membership of his original political party. Whether he has formally resigned from the AAP or taken the membership of BJP formally is immaterial for a decision under para (2) (1) of the Tenth Schedule of the Constitution"," the order issued by the Delhi Assembly Secretary C Velmurugan on behalf of the Speaker stated.
"The disqualification of said Shri Kapil Mishra takes effect from January 27 2019. "Consequently the Karawal Nagar Assembly Constituency (AC70) seat has fallen vacant", the order further stated.
Mishra’s disqualification came after AAP national Spokesperson and MLA from Greater Kailash Assembly seat Saurabh Bahrdwaj filed a petition to the Speaker. Bharadwaj has also filed similar petitions against Gandhi Nagar MLA Anil Bajpayee, Bijwasan MLA Col Devender Sehrawat and and Mongolpuri MLA Sandeep Kumar for anti- party activities.
Later Kapil Mishra issued a statement after he was served with the Speaker's order to disqualify him. Mishra termed the Speaker's order "illegal" and "undemocratic" and said he will challenge it in the court.
Mishra said he was ready to sacrifice his MLA's post for campaigning for PM Modi not just once, but "100 times.