The BJP's Prahlad Lodhi, who was recently disqualified as Madhya Pradesh MLA after being convicted in an assault case, has approached the Supreme Court.
Last month, a trial court here sentenced Lodhi, MLA from Pawai in the state, to two years in jail for attacking the tehsildar of Raipura in August 2014, after which the MP Assembly speaker disqualified him on November 2.
The MP High Court, on November 7, stayed Lodhi's conviction and sentence.
Lodhi's move came after the MP government filed a special leave petition (SLP) in the Supreme Court on Monday against the HC order.
"We have filed a caveat (to prevent an ex-parte order). We are expecting the date of hearing to be fixed in a day or so," Lodhi's counsel and former advocate general Purushendra Kaurav told PTI.
The BJP has claimed that the speaker's decision to disqualify Lodhi was taken in haste.
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Speaker NP Prajapati, at the time, had said, as per the Supreme Court's ruling, a public representative should be disqualified as soon as he or she is convicted, and the rule was followed in Lodhi's case.
As per the apex court's ruling in an earlier case, a legislator is disqualified if he or she is sentenced to two years or more in jail.
Lodhi and others were convicted under IPC sections 353 (assault on public servant to deter him from discharge of his duty) and 332 (voluntarily causing hurt to a public servant) of the Indian Penal Code.