The BJP government on Monday moved the Gujarat High Court, challenging the order of the Gir-Somnath Sessions Court that had stayed the conviction of Congress leader Bhagabhai Barad in a 24-year-old illegal mining case. Barad, who had won from Talala in the 2017 Assembly elections, was disqualified from the House by Speaker Rajendra Trivedi on March 5, four days after a magisterial court sentenced him to two years and nine months of rigorous imprisonment in the mining case. The government’s filing of the petition coincided with Barad filing another petition in the High Court, seeking quashing of the Speaker’s order disqualifying him as an MLA, calling it “ex facie, illegal, in colourable exercise of power, malafide, arbitrary, politically motivated, biased and unconstitutional and contrary to provisions of the Representation of People’s Act , 1951, and in violation of the constitutional provisions.” Both the petitions are expected to be heard by the High Court on Tuesday. The Election Commission of India on Sunday ordered bypoll for the Talala Assembly seat which will be held on April 23. A government lawyer said the state government has challenged the stay on Barad’s conviction on three main grounds. “One, the magisterial court had recorded the grounds of Barad’s conviction in detail. Two, while staying the conviction, the Sessions Court did not give a reasoned order; and third, Barad has criminal antecedents, including a case of dacoity pending against him,” the lawyer said. Barad has challenged his disqualification and the EC’s decision to order bypoll for the seat from where he was elected, by questioning the “haste” with which the government acted to disqualify him. Barad has argued that the respondents were “in a hurry to declare bypoll to the Talala constituency by considering the seat to be vacant, despite the fact that the petitioner does not attract disqualification.” Contending that the power to disqualify and declare the Assembly seat vacant is vested only with the Governor and such a decision is to be taken only after consultation with the EC, Barad’s petition alleged, “No such process appears to have been undertaken and the Hon’ble Speaker has directed the disqualification and announced the vacancy. This is unconstitutional and arbitrary.”
