SC to hear on Apr 1 former MLA's plea challenging his disqualification

The Supreme Court Thursday said it would hear on April 1 a plea filed by disqualified Congress MLA B D Barad who has challenged the Gujarat High Court's verdict dismissing his petition against the disqualification.

The Gujarat High Court on March 27 had dismissed Barad's plea in which he had sought quashing of the assembly Speaker's March 5 decision to disqualify him as an MLA following his conviction in a case and also notifying the Talala constituency seat as vacant.

He had also challenged the March 10 decision of Election Commission of India declaring by-polls on the vacant assembly seat along with the upcoming Lok Sabha election. He had sought a stay on the by-election.

 

On Thursday, Barad's plea against the high court's order was mentioned for urgent hearing before a bench comprising Justices S A Bobde and S A Nazeer.

"List the matter on April 1 before an appropriate bench," the apex court said.

Barad was convicted by a magisterial court on March 1 in a case for offence under section 379 (punishment for theft) of the Indian Penal Code (IPC) and was sentenced to two years and nine month jail along with a fine of Rs 2,500.

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.

In its March 27 order, a division bench of the high court had said that it would not interfere with the notification of Election Commission as Barad's conviction was not stayed and therefore, his disqualification remains.