Gujarat HC allows AAP’s Chaitar Vasava to enter Narmada dist till June 12

Welcoming the verdict, Vasava, AAP MLA from Dediapada, took to X on Tuesday, stating, “Today I am happy that after five and a half months, I will be among the people of my Dediapada assembly constituency, my village my family.”

Speaking to mediapersons, Vasava asked for “forgiveness from the public for failing to remain present in the constituency since the last five-and-a-half months”.

The court of Justice M R Mengdey suspended the condition restricting Vasava’s entry in Narmada district as an interim relief until the next date of hearing on June 12.

It observed, “From the record, it appears that a registered political party has nominated (Vasava) to be its candidate for the ensuing parliamentary election for the Bharuch constituency. Contesting an election is a statutory right of (Vasava), being a citizen of India, …by way of an interim relief, the aforesaid conditions are ordered to be suspended till the next date of hearing.”

Arguing on behalf of Vasava, advocate Zubin Bharda told HC that nomination forms are to be filled by April 19 and till date, Vasava has not been able to go to his constituency.

“My electorate will suffer. The conditions otherwise also are arbitrary. I have been elected by more than a lakh votes (in the 2022 Assembly polls). Of the 12 offences (in the past), 3-4 have been settled… Some other offences are under IPC Section 188 (disobedience of an order duly promulgated by a public servant). Just because you don’t want a free and fair fight, is he not entitled to go to his electorate?…,” Bharda said on behalf of Vasava.

“If this is the manner in which elections are to be held… this is the manner the courts also start participating. Ultimately who is suffering? His electorate. Who will tend to the adivasis residing in the remotest part of Dediapada? It is he who is required in the constituency,” Bharda added.

Maintaining that the right to contest elections is a statutory right, Vasava said, “If conditions are not relaxed, how will I take part in elections? I am only asking for relaxation until elections at least.”

Opposing the relaxation, citing Vasava’s conduct and non-cooperation with the investigation, Additional Advocate General Mitesh Amin said, “There are instances when people have also contested from prisons. If there are 1 lakh votes, only 10,000 may go away, 90,000 will still remain.”

Vasava was booked after he allegedly threatened forest department officials and fired one round in the air with a weapon at his residence at Dediapada in Narmada on October 30. Apart from charging him under rioting, extortion, assault and threatening a public servant under IPC, he has also been booked under the Arms Act.

The FIR, lodged at Dediapada police station, alleges that Chaitar and his family abused five forest officials and assaulted one of them, who later filed a complaint with the police.

While he was subsequently granted bail in the case, what has proven to be a hurdle in Vasava’s campaign canvassing for the Lok Sabha was the restriction imposed while granting him bail – he was not allowed to enter Narmada district till the completion of the trial in the case.