Gujarat HC refuses to stay bypoll in Talala

AHMEDABAD: Gujarat high court on Wednesday denied any relief to the disqualified Congress MLA Bhaga Barad who was seeking a stay on the Election Commission of India’s (ECI) notification declaring byelection in Talala assembly constituency after his disqualification.


The bench headed by Justice S R Brahmbhatt refused to interfere with the ECI notification as well as the state assembly speaker’s decision to disqualify Barad on account of his conviction in a mineral theft case on March 1.

With the HC’s refusal to interfere with the ECI’s notification, the polling in Talala will take place on April 23 as announced by the ECI on March 10.

The court said, “At present, (Barad's) conviction is in existence and a stay by sessions court against his conviction and release on bail has been quashed and set aside by this High Court. Therefore, at this moment, there is conviction and sentence of two years and nine months as well as fine of Rs 2,500 in existence and there is no stay of suspension against the conviction.”

Barad argued that the EC had declared the bypoll despite the fact that he had intimated the EC about the stay granted by the sessions court on his conviction on March 7. The EC submitted that the election was declared after the seat was declared vacant and notified by the assembly speaker on March 5.

The high court discarded Barad’s arguments upheld the state government’s submission that Barad stood automatically disqualified with conviction of over two years as recorded by the court.