Azam was expelled from the party on October 15 for allegedly making derogatory statements against Congress leadership, as per an official release issued then by Pathak quoting Mishra.
The release had said that All India Congress Committee (AICC) authorised MPCC to expel Azam from the party’s primary membership.
Challenging his expulsion, Azam filed a criminal defamation case yesterday against Mishra and Pathak in the court of Chief Judicial Magistrate (CJM) Pankaj Singh Maheshwari here, on the ground that the state Congress unit has no power to expel an AICC member.
Azam said till date he has not received any communication from the AICC on his expulsion.
“I have not received any satisfactory reply on the issue from state Congress president Arun Yadav till date,” he said.
The court has fixed November 15 for next hearing in the case.
Azam had publicly criticised Congress president Sonia Gandhi and vice-president Rahul Gandhi after the dismal performance of the party in the Lou Sabha and state Assembly elections, Mishra had earlier said.
However, Azam had warned that he may go to court against the Congress’ decision as according to the party’s constitution, before expelling any member it is mandatory to issue a notice and seek reply from the person, but the same was not followed in his case.