Disqualified Congress MLA Barad moves Gujarat high court to challenge speaker’s decision

Ahmedabad: Former Congress MLA from Talala seat in Gir-Somnath district Bhagwan Barad today moved Gujarat High court to challenge the decision of assembly speaker Rajendra Trivedi who had disqualified him on March 5 after a local court in Surtrapada town convicted him with 2 years 9 months jail term in a mineral theft case.

Ddeputy leader of Congress in assembly Shailesh Parmar said that Barad has requested the court to hear the matter urgently and it is being heard today.

Notably, the court of Judicial Magistrate on March 1 held him guilty under section 379 (theft) and 420 (cheating) and sentenced him with 2 year 9 month jail term in connection with the case pertaining to theft of mineral (limestone) worth over 2.5 crore from a Gochar (cow-pasture) land in Sutrapada in 1995. Barad however got bail in the case.

“As per the Supreme Court judgment of July 2013, Congress MLA from Talala, Barad has been declared disqualified as a member of the Assembly subsequent to his conviction by a trial court in Sutrapada in Gir Somnath district on March 1,” a notification issued on March 5 read.

Notably as the section 8(3) of the Representation of the people Act 1951 A person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.

The Election Commission had along with the announcement of Lok sabha polls yesterday also declared the by election dates for Talala and Unjha seats in Gujarat. The by elections will be held on April 23, the day when polls on all the 26 LS seats in the state would also take place.