The Congress Sunday said it has approached the Election Commission over disqualification of its MLA Bhagvan Barad following a conviction and two year jail sentence in an illegal mining case.
Congress leader Arjun Modhwadia told reporters Sunday that Assembly Speaker Rajendra Trivedi and the Election Commission were informed about a local court order staying Barad's conviction in the illegal mining case.
On March 5, Speaker Trivedi, citing a Supreme Court ruling, had disqualified Barad following the latter's conviction on March 1.
The 2013 SC ruling states that a legislator, whose conviction in a criminal case has not been stayed by an appellate court, would stand disqualified from the membership of the House.
With the local court staying Barad's conviction on March 7, his disqualification should be revoked, as per the Supreme Court's 2018 order, Modhwadia said.
"Soon after the March 1 order, Barad's sentence was stayed and bail granted. He approached sessions court seeking stay on conviction. On March 7, the court stayed his conviction," Modhwadia said.
"We informed the speaker and the Election Commission regarding this on March 8. We have told the Election Commission that the Speaker's decision to disqualify our MLA is illegal. The decision should have been taken by Election Commission, but the Speaker took suo moto decision," he said.
"Despite the speaker being informed about the court order staying Barads conviction, he sought time saying he needs to consult advocate general for the same," he said.
Modhwadia said his party will approach the High Court if the Election Commission does not decide on restoring Barad as MLA with effect from March 1.
Barad was disqualified by the Assembly speaker after he was held guilty by a magistrate's court on March 1 in a 1995 illegal mining case. He was also granted bail in the case.
Barad had challenged his conviction in the district and sessions court in Veraval in Gir Somnath district.
Principal District Judge M M Babi on March 7 stayed Barad's conviction while hearing his plea.
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