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Guj: Cong requests governor to revoke MLA's disqualification

Press Trust of India  |  Ahmedabad 

The Monday sought O P Kohli's intervention to revoke disqualification of party MLA Bhagvan Barad, who has been convicted in an

While a court in district had sentenced Barad to two years and nine months in jail in the illegal mining case dated 1995, a sessions court has stayed the conviction.

told the that Barad was removed as an MLA despite the sessions court staying his conviction.

Barad was disqualified by Rajendra Trivedi last week.

On Sunday, the announced bypoll to Talala assembly constituency in district from where Barad was elected in 2017.

A delegation led by of Opposition in the Legislative Assembly, Paresh Dhanani, met Kohli at Raj Bhavan in Gandhinagar, and submitted a memorandum seeking his intervention to reinstate Barad as MLA.

"The apex court had clearly said that if an appellate court stays conviction of a lawmaker, he will not face disqualification. In Barad's case, the sessions court has already stayed the conviction, but no notification has been issued by the to reinstate Barad as an MLA," the memorandum said.

Moreover, the has declared bypoll to Talala seat, which is also illegal, Dhanani stated.

The had declared Barad's disqualification from the Assembly on March 5, days after his conviction, which was subsequently stayed by the sessions court on March 7.

Speaker Trivedi had said Barad stood automatically disqualified as per a 2013 order of the supreme court which said MPs and MLAs are immediately disqualified from House membership after being sentenced to jail for not less than two years.

In a related development Monday, Barad moved the High Court, challenging his disqualification as well the declaration of bypoll by the EC.

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

Unjha seat fell vacant after sitting Congress MLA Asha Patel resigned and joined the ruling BJP.

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

First Published: Mon, March 11 2019. 21:41 IST