Appearing for Mishra, senior advocate Mukul Rohtagi reiterated that the decision was taken late and there was a delay in proceedings
The Delhi High court on Sunday demolished the last ray of hope for disqualified BJP Legislator Narottam Mishra for voting in Monday's Presidential Election thereby refusing to grant the interim relief.
A division bench of Justice Murlidhar and Justice Pratibha Singh while refusing to put a stay on the single bench order said that there was no urgency to listen to the matter.
The bench, while dismissing the application for an interim stay of the single bench order passed on July, upheld the Election Commission of India's decision of June 23 to disqualify Mishra following the establishment of his guilt in the paid news case.
The court held that " prima facie that the conclusions reached by the ECI on facts cannot be said to be based on no evidences or perverse. Suffice to conclude that no ground has been made out for grant for any of the interim reliefs as prayed".
Appearing for Mishra, senior advocate Mukul Rohtagi reiterated that the decision was taken late and there was a delay in proceedings. He also said that the decision of the ECI would not affect the present tenure of Mishra.
However, the court said, "Prima facie does not find any merit in the contentions made by Rohatgi that the ECI order would not affect the current tenure of the MLA. The attendant consequences of the disqualification under section 10A of the Representation of People's Act (RPA) would follow."
Appearing for the complainant Congress leader Rajinder Bharti, his counsel Vivek Tankha questioned the urgency of the application.
Appearing for the Election Commission, its counsel Amit Sharma contended that there was no urgency to hear the matter.
"Nothing warrants for such an urgent hearing," the counsel said.
The court held that if the interim order is passed and the plea is allowed, then Mishra would be allowed to attend the Assembly and also be able to vote for in the Presidential elections. So, it cannot stay this order and relief can't be granted.
Earlier on Friday a specially constituted single bench of Justice Indermeet Kaur dismissed the plea challenging the EC verdict. The verdict found that the order given by the EC was a 'fair finding'.
Mishra had contended that the disqualification pertains to the earlier election of 2008 and would not affect his present tenure.
Mishra, a minister in Madhya Pradesh, 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.
Mishra, who won from Datia assembly constituency, was the minister for water resources and public relations and the chief spokesperson of the Shivraj Singh Chouhan government.
Mishra, a minister in Madhya Pradesh, 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.
Mishra, who won from Datia assembly constituency, was the minister for water resources and public relations and the chief spokesperson of the Shivraj Singh Chouhan government.
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 "Narottam Mishra")
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