Speaker did no wrong, Gujarat government to High Court on Bhaga Barad's disqualification

The state government said on Monday that assembly speaker Rajendra Trivedi had not done anything wrong by disqualifying former Congress MLA Bhaga Barad, and also noted that convicted lawmakers were automatically disqualified under the Representation of People's Act as per the Supreme Court ruling.

The submission was made before the high court by the state government in response to Barad's petition challenging announcement of by-election to Talala assembly seat by the Election Commission.

The state government's counsel submitted before the court that as per Election Commission's amended guidelines, convicted lawmakers get automatically disqualified, and the seat falls vacant. The counsel said that the assembly speaker had not disqualified Bhaga Barad, but his post fell vacant automatically upon his conviction by a court in Sutrapada on March 1. "The speaker had only issued a notification about Bhaga Barad's disqualification. The speaker has no role in the decision," he told the court.

The state government noted that the high court had also set aside Barad's conviction and jail term of two years and nine months. It also said that Election Commission had announced the by-election to the vacant Talala seat. Barad was accused of stealing limestone worth Rs 2.83 crore through illegal mining in Sutrapada in an FIR lodged against him in 1995. He was convicted of theft by the Sutrapada court on March 1, while he was disqualified as MLA on March 5. A sessions court in Gir Somnath had stayed his conviction, but the stay was set aside by the high court last week.