The Gujarat High Court on Monday asked the Election Commission (EC) to explain its reason for conducting by-election to the Talala Assembly seat in Gujarat, despite a sessions court staying disqualified Congress MLA Bhagwanbhai Barad's conviction in a mining case.
The Division Bench of the high court, comprising Justice S.R. Bhrahmbhatt and Justice V.B. Mayans, has asked the EC to file an affidavit on this by Tuesday.
Challenging his disqualification as MLA from Talala, Barad had moved the high court two weeks ago and filed a plea seeking a stay on his disqualification as well as the by-election.
Barad won the 2017 Assembly elections from Talala. He was disqualified by Speaker Rajendra Trivedi on March 5, just four days after a Gir-Somnath court sentenced him to two years and nine months of rigorous imprisonment in a mining case.
The same day, the court granted him bail and allowed him to appeal against the verdict.
On March 7, Barad got a stay on his conviction from the Gir-Somnath sessions court and also got his jail term suspended.
According to the Gujarat Congress, this was communicated to the EC the very next day. However, the EC announced by-election to the Talala seat on March 10.
On March 11, the Bharatiya Janata Party (BJP) government in Gujarat moved the Gujarat High Court, challenging the Gir-Somnath sessions court's stay order.
The Gujarat High Court has scheduled the hearing for March 26.
--IANS
amit/rtp/pcj
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