Former AAP MLA Kartar Singh Tanwar Challenges Disqualification in Delhi High Court

Former Aam Aadmi Party (AAP) MLA Kartar Singh Tanwar has filed a petition in the Delhi High Court contesting his recent disqualification from the Delhi Legislative Assembly. Accused of defection, Tanwar alleges that the Assembly Speaker acted with bias, effectively serving as “an agent of the ruling political party” rather than maintaining impartiality required by his office.

The case, which saw Justice Sanjeev Narula issue notices to both the Speaker and MLA Dilip Pandey—who initiated the disqualification petition—has sparked debates over the Speaker’s role in adjudicating defection cases. Tanwar, who represented the Chhatarpur constituency, was disqualified on September 24 following allegations by Pandey that Tanwar had shifted his allegiance to the Bharatiya Janata Party (BJP).

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In his defense, Tanwar claims his absence from the inquiry proceedings was due to health issues, a fact he asserts was well-known to the Speaker. He further argues that he has not abandoned the ideological foundations of AAP, despite his criticisms of the party’s leadership, including top figures such as Arvind Kejriwal and Manish Sisodia, whom he accuses of corrupt practices.

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“Having such leaders is an embarrassment for Delhiites and does not give a feeling of pride to the party workers. The party has already died its natural death, and the Petitioner cannot be said to have voluntarily given up his membership of such a party,” stated Tanwar in his petition.

The legal battle puts a spotlight on the process of disqualification under defection laws, particularly the necessity for a fair and unbiased hearing, which Tanwar claims was not afforded to him. The plea also challenges the Speaker’s rapid decision-making process, suggesting it was unduly influenced by political pressures rather than evidentiary considerations.

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Senior Advocate Jayant Mehta, leading Tanwar’s legal team, and Senior Advocate Sudhir Nandrajog, representing the Speaker and Pandey, are set to present their arguments in the next hearing scheduled for December 9.

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