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Gujarat: Congress seeks withdrawal of MLA disqualification order

Congress also alleged that leaders of BJP had pressurised the speaker of Gujarat legislative assembly to disqualify Barad, an MLA from Talala in Junagadh.

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The Gujarat Pradesh Congress Committee (GPCC) on Sunday has sought withdrawal of order disqualifying its MLA from Junagadh, failing which it will knock the doors of the court on Monday. The decision of Congress came an hour before the election dates were announced. Congress also alleged that leaders of BJP had pressurised the speaker of Gujarat legislative assembly to disqualify Barad, an MLA from Talala in Junagadh.

Last week, Barad, convicted in a case of illegal mining was barred from contesting elections for six years after the jail term ends. Senior Congress leader Arjun Modhwadia said, "The company which is involved in the mining case has 12 partners so why only Barad has been targetted? On March 1, the sessions court passed an order sentencing him of imprisonment, and on the same day, he was granted bail. It is to be noted that it was a Friday. He then approached the court seeking stay on conviction, and on March 7, he got a stay. However, on March 5 itself, without even hearing him out, the speaker passed an order of disqualification. After the order on March 1, there was three days holiday yet the state government somehow managed to pressurise the speaker to pass an order."

Citing a judgment of 2018, Modhwadia said, "The judgment says that if conviction order is stayed, operation of judgment and its consequences will be on hold." He further cited two similar cases involving BJP leaders that included Babu Bokharia whose conviction was not stayed for 35 days yet he was not disqualified and Naranbhai Kachadiya whose conviction was not stayed for 19 days.

Leader of Opposition Paresh Dhanani said, "BJP does not have good candidate in Junagadh hence they are targetting our MLA."

THE 1995 CASE

Barad was sentenced to 2 yrs and 9 months in prison by Sutrapada town court. Judicial magistrate held him guilty in offences of theft and cheating pertaining to theft of minerals worth Rs 2.5 crores in 1995.

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