SC stays EC's notification for by-poll in Gujarat's Talala assembly seat

The Supreme Court Monday stayed the Election Commission's March 10 notification declaring Gujarat's Talala assembly constituency seat as vacant and announcing the by-poll there along with the Lok Sabha elections.

A bench headed by Chief Justice Ranjan Gogoi also issued notice to the poll panel on a plea by former Congress MLA B D Barad who has moved the apex court against the Gujarat High Court's March 27 verdict dismissing his plea against the EC's notification.

The high court had also dismissed Barad's challenge to the assembly Speaker's March 5 decision disqualifying him as an MLA following his conviction in a case for offence under section 379 (punishment for theft) of the Indian Penal Code (IPC).

On Monday, the apex court expressed displeasure as to how the EC had notified the Talala assembly seat as vacant and announced the by-poll there when Barad's conviction was stayed by a Sessions court on March 7.

"How can you (EC) declare the seat to be vacant on March 10 when his (Barad) conviction was stayed on March 7," the bench, which also comprised Justices Deepak Gupta and Sanjiv Khanna, asked the counsel appearing for the poll panel.

Solicitor General Tushar Mehta, appearing for the state, told the bench that the Sessions court's March 7 order staying Barad's conviction in the case was quashed by the high court on March 15.

Senior counsel A M Singhvi, appearing for the petitioner, told the court that the magisterial court's order convicting Barad was stayed by a Sessions court on March 7 but despite that the poll panel declared the assembly seat as vacant and announced by-polls there.

When Mehta said his disqualification by the Speaker was in accordance with the existing law, the CJI observed that "the Speaker and Governor are there not to obstruct the law but to facilitate the law".

Mehta then argued that the Sessions court's order staying his conviction was set aside by the high court.

To this, the bench said, "The high court order (setting aside the stay on conviction) came on March 15 then under what authority did the EC declare the seat to be vacant on March 10."