Delhi Court Rejects Kapil Mishra's Plea on Election Code Violation

A Delhi court dismissed the plea of Delhi law minister Kapil Mishra challenging a summons for making objectionable statements during the 2020 Delhi elections. The court upheld that Mishra's statements violated the model code of conduct by promoting enmity among communities, contrary to the Representation of the People Act.

Delhi Court Rejects Kapil Mishra's Plea on Election Code Violation
Kapil Mishra
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  • India

In a recent development, a Delhi court has rejected the plea of Delhi law minister Kapil Mishra against a previous summons related to objectionable comments he made during the 2020 Delhi legislative assembly elections. The special judge emphasized the constitutional role of the Election Commission in ensuring neutrality in the electoral process.

Mishra's controversial remarks were allegedly posted from his social media account on January 23, 2020, leading to a complaint by the returning officer and subsequent FIR. The judge concurred with the earlier magistrate's court decision, determining the complaint justified action under Section 125 of the Representation of the People Act, which addresses election-related misconduct.

The judge further criticized Mishra's defense, highlighting the indirect but clear targeting of a religious community through his comments, marking them as a tactic to incite religious tensions for electoral gains. The court firmly held that such indirect promotion of enmity is unacceptable under electoral law.

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