Thursday, Apr 25, 2024 | Last Update : 01:43 PM IST
Supreme Court stays EC’s notification for Gujurat bypoll
The high court, while staying the sessions court’s order, had refused to interfere with the EC’s notification.
New Delhi: The Supreme Court on Monday stayed the notification issued by the Election Commission (EC) for holding byelections in Talala Assembly constituency in Gujarat on April 23 along with the Lok Sabha polls.
A bench of Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna stayed the polls while hearing a petition filed by Congress MLA Bhagvan Barad who contended that despite stay on sessions court’s conviction of two year sentence to him, the speaker of the Assembly Rajendra Trivedi disqualified the MLA, declared the seat vacant and the EC announced the bypolls.
Mr Barad moved the Gujarat high court challenging his disqualification and the EC notification.
The high court, while staying the sessions court’s order, had refused to interfere with the EC’s notification.
The magistrate had suspended the sentence and released him on bail. Later, Mr Barad had challenged the order before a sessions court which had stayed his conviction on March 7, 2019.
The court was hearing a petition filed by Barad challenging his disqualification by assembly spe-aker Rajendra Trivedi following his conviction in more than two decades old theft case early this month and also declaration of by poll in Talala, the seat which he won in the 2017 polls.
On the same day, the magistrate had suspended the sentence and released him on bail. Later, he challenged the order before a Sessions court which stayed his conviction on March 7. However, on March 5, the Speaker disqualified Barad and also notified the assembly seat as vacant. On March 15, the high court had quashed the Sessions court’s March 7 order staying his conviction in the case. However, on March 27 the High Court refused to interfere.
Hardik Patel moves SC:
Meanwhile Hardik Patel who wanted to contest in Gujarat in the Lok Sabha polls under Congress ticket moved the Supreme Court on Monday challenging the High Court order refusing to stay the conviction of two years sentence awarded by the lower court. He said contesting the elections was very crucial to him and the High Court order stood in the way of his fighting the polls. He sought stay on the conviction to enable him to file his nominations.
