The Gujarat High Court on Wednesday set aside a sessions court order refusing to stay disqualified Congress MLA Bhagvan Barad's conviction in an illegal mining case, and once again sent the matter back to the lower court.
Justice S H Vora remanded the case back to sessions court at Veraval in Gir Somnath district observing that its order refusing to stay Barad's conviction did not give the reasons properly.
Barad, who represents Talala constituency, was on March 1 sentenced to two years and nine months in jail by a magistrate's court in a 24-year-old case of illegal mining.
The sessions court had earlier stayed his conviction. The order was challenged by the state government in the high court, which remanded the matter back to the sessions court. The sessions court again heard the case and held in its April order that the conviction cannot be stayed.
Barad then challenged the order before the high court.
The high court Wednesday once again set aside the sessions court's order and remanded the matter back.
Following Barad's conviction, he was disqualified as MLA by Gujarat Assembly Speaker Rajendra Trivedi. The Election Commission declared his seat vacant and announced a by-election.
He moved the Supreme Court against the EC's March 10 notification. The apex court, on April 1, stayed the EC's order.
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