The court found that the order given by the Election Commission was a "fair finding."
The Delhi High court on Friday dismissed disqualified BJP minister Narottam Mishra's plea challenging the Election Commission's order barring him from contesting elections for three years following the establishment of his guilt in a paid news case.
Justice Indermeet Kaur had, on Thursday, reserved the order after hearing the arguments for an entire day. The specially constituted single was constituted after the Supreme Court transferred the appeal to Delhi High court for urgent hearing.
"The petition is without any merit. Dismissed," it said. In a 36-page verdict delivered said that as per the provisions of the Representation of the People Act, disqualification of a candidate has to be from the date of the order. However, the court held that the effect of the order on a subsequent election is not to be taken into account.
Mishra had contended that the disqualification pertains to the earlier election of 2008 and would not affect his present tenure.
The court found that the order given by the Election Commission was a "fair finding."
"The Election Commission holding that there was an implied authorisation by the petitioner (Mishra) to publish these news items was thus a fair finding," the judge said.
Mishra, a minister in MP, had moved the apex court after the Madhya Pradesh High court refuse to hear an urgent hearing to his interim prayer to allow him to vote in the presidential elections.
The order by the EC had also barred Mishra from voting in the Presidential elections to be held on July 17. Appearing for Mishra, his counsel Dhruv Mehta said that there was no evidence produced to prove that his client had authorised the paid news articles.
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