Bhaga Barad challenges rejection of stay on conviction

The Gujarat High Court has sought a response from the state government after disqualified Congress MLA from Talala constituency Bhaga Barad moved the high court against the order of the Veraval Sessions Court refusing to stay his conviction in a mineral theft case.

The single judge bench of Justice Sonia Gokani has directed the government to file its reply in the matter by mid-June.

Notably, Barad has been fighting a bitter legal battle with the state government over the hasty decision of the Assembly speaker Rajendra Trivedi of disqualifying him on March 5 immediately after his conviction by a Sutrapada court in the mineral theft case on March 1.

He is also fighting the Election Commission's (EC) decision to announce bypoll for Talala, despite there being a stay on his conviction granted by a Veraval court on March 7.

The state government had earlier moved the high court against the stay in Barad's favour citing that the lower court had not passed a reasoned order. The high court vacated the stay and remanded the matter back to Veraval Sessions Court for deciding it afresh. While deciding afresh, the Veraval court refused to stay the conviction on April 24, which has now been challenged by Barad in the high court.

While Barad has been successful in securing a stay on the bypoll from the Supreme Court, unless he secures a stay on his conviction of two years and nine months, he will not be able to fight the elections, as and when it is held.