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Disqualified Congress MLA in Gujarat moves high court

Press Trust of India  |  Ahmedabad 

Bhagvan Monday approached the High Court, challenging his disqualification as an MLA by the last week and also the declaration of bypoll to the seat represented by him.

challenged the declaration of bypoll by the (EC) to the Talala assembly constituency in district from where he was elected in 2017.

The EC had Sunday announced that by-elections to two Assembly seats in Gujarat, and Talala, will be held along with the Lok Sabha polls on April 23.

The seat fell vacant after sitting MLA resigned and joined the ruling BJP.

Barad's petition is likely to come up for hearing on Tuesday.

was declared disqualified from the Assembly by on March 5, days after a court in district sentenced him to two years and nine months in jail in an

Trivedi had said Barad stood automatically disqualified as per the Supreme Court's July 10, 2013 order that said MPs and MLAs are immediately disqualified from House membership after being sentenced to jail for not less than two years.

Barad's conviction in the 1995 was stayed on March 7 by the same court that had pronounced him guilty.

The said his disqualification should be revoked as per the apex court's September 2018 order which said that if an appellate court stayed the conviction of a disqualified lawmaker, his/her membership will get revived.

In his petition, Barad has said that despite making representation before Trivedi to revoke his disqualification after his conviction was stayed by the same court, the did not take any decision.

Barad's has said his client's disqualification was "politically motivated and mala fide," and should be revoked.

The EC also did not consider his representation and went on to declare by-election to the constituency that Barad represented, Buch said.

Since Barad was not disqualified as per the law, the EC has no authority to declare by-election to the Assembly seat he represented, he added.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Mon, March 11 2019. 20:59 IST