SC to hear on Apr 1 former MLA\'s plea challenging his disqualification

SC to hear on Apr 1 former MLA's plea challenging his disqualification

Press Trust of India  |  New Delhi 

The Thursday said it would hear on April 1 a plea filed by disqualified MLA B D who has challenged the Gujarat High Court's verdict dismissing his petition against the disqualification.

The on March 27 had dismissed Barad's plea in which he had sought quashing of the assembly Speaker's March 5 decision to disqualify him as an MLA following his conviction in a case and also notifying the Talala constituency seat as vacant.

He had also challenged the March 10 decision of of India declaring by-polls on the vacant assembly seat along with the upcoming Lok Sabha election. He had sought a stay on the by-election.

On Thursday, Barad's plea against the high court's order was mentioned for urgent hearing before a bench comprising Bobde and S A Nazeer.

"List the matter on April 1 before an appropriate bench," the apex court said.

was convicted by a magisterial court on March 1 in a case for offence under section 379 (punishment for theft) of the Indian Penal Code (IPC) and was sentenced to two years and nine month jail along with a fine of Rs 2,500.

On the same day, the had suspended the sentence and released him on bail.

Later, he challenged the order before a which stayed his conviction on March 7.

However, on March 5, the disqualified and also notified the assembly seat as vacant.

On March 15, the high court had quashed the Sessions court's March 7 order staying his conviction in the case.

In its March 27 order, a division bench of the high court had said that it would not interfere with the notification of as Barad's conviction was not stayed and therefore, his disqualification remains.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Thu, March 28 2019. 20:20 IST