HC issues notice to poll panel over disqualified MLA's plea

The Gujarat High Court Tuesday issued a notice to the ECI over its decision to announce by-election on the assembly seat of Talala after disqualification of its sitting MLA Bhagvan Barad following his conviction in a theft case.

In his petition, Barad has challenged his disqualification as a legislator by "an order passed by the assembly Speaker" and also sought a stay on the Election Commission of India's (ECI) decision to announce by-election on the seat in Gir Somnath district.

The bypoll is to be held on April 23 alongside Lok Sabha elections in the state.

In his plea, the Congress leader has said that the ECI's decision on holding bypoll in Talala was taken "in haste".

A division bench of Justices S R Brahmbhatt and V B Mayani issued the notice to the ECI, seeking its reply on Barad's petition on March 25.

Barad was disqualified from the House after he was sentenced to two years and nine months in jail in an illegal mining case by a magistrate's court at Sutrapada taluka in Gir Somnath district on March 1.

On an appeal, a sessions court at Veraval in the same district had later stayed his conviction in the 24-year-old case.

Barad's lawyer has argued that the ECI went ahead and declared by-election for Talala on March 10 even when the sessions court's March 7 order, staying his conviction, was duly conveyed on the same date to both the poll panel and the assembly Speaker.

The sessions court's order staying the 60-year-old politician's conviction was set aside by the high court on March 15.

Barad has also argued before the high court that Assembly Speaker Rajendra Trivedi's March 5 decision to disqualify him from the House membership was "arbitrary, biased, illegal" and was taken in "undue haste".

The state government has defended the Speaker's March 5 order, saying Barad was "automatically disqualified" on March 1 when the magistrate's court sentenced him to over two years in jail, as per the order of the Supreme Court in the Lily Thomas case.

The government counsel has told the high court that Barad's disqualification was automatic and therefore, the ECI was right in declaring by-election on his assembly seat which fell vacant.

Barad won from Talala in the 2017 assembly elections.

The magistrate's court had held Barad guilty of theft for excavating limestone worth Rs 2.83 crore through illegal mining on government land in 1995.

Setting aside the sessions court order staying his conviction, the high court had ordered it to hear Barad's plea afresh "without further loss of time".