Gujarat HC issues notice to EC on Talala by-election

Ahmedabad, March 19 (IANS) The Gujarat High Court on Tuesday issued notice to the Election Commission seeking an explanation for conducting by-elections for the Assembly seat of Talala in Gujarat.

Congress MLA Bhagwanbhai Barad, challenging his disqualification as the Talala MLA, had moved the high court last week and filed a plea seeking a stay on his disqualification and also the by-election announcement.

The High Court issued a notice to the poll panel to respond to the plea filed by Barad.

Barad won from Talala in the 2017 Assembly elections. He was disqualified by Speaker Rajendra Trivedi on March 5, just four days after the Gir-Somnath court sentenced him to two years and nine months of rigorous imprisonment in a mining case. 

The court granted him bail the same day to allow him to appeal against the verdict.

On March 7, Barad got a stay issued against this conviction from the Gir-Somnath Sessions Court and also got suspended his jail term. 

According to the Gujarat Congress, the very next day, this was communicated to the Election Commission as well.

Notably, the Election Commission on Sunday ordered by-election for the Talala seat, along with the announcement of elections for 26 seats of the Lok Sabha to be held on April 23.

Meanwhile, The BJP government in Gujarat on March 11 moved the Gujarat High Court, challenging the Gir-Somnath Sessions Court's stay order.

Barad too moved the High Court, filing a petition seeking quashing of the Gujarat Assembly Speaker's decision on disqualifying him as an MLA, calling it "ex facie, illegal, malafide, arbitrary, politically motivated, biased and unconstitutional and contrary to provisions of the Representation of People Act, 1951, and in violation of the constitutional provisions".

He said the Election Commission was in a hurry to declare the by-election in the Talala constituency by considering the seat to be vacant despite the fact that the petitioner does not attract disqualification.

The Gujarat High Court has scheduled the next hearing on March 25.