The Supreme Court on Monday stayed a notification issued by the Election Commission of India declaring Gujarat’s Talala Assembly constituency seat as vacant and announcing the bypoll there along with the Lok Sabha elections.

A Bench led by Chief Justice of India Ranjan Gogoi issued notice to the poll panel on a plea by former Congress MLA B.D. Barad against the Gujarat High Court’s March 27 verdict dismissing his plea against the notification.

The High Court had dismissed a challenge by Mr. Barad, represented by senior advocate A.M. Singhvi and advocate Varun K. Chopra, of the Assembly Speaker’s March 5 decision disqualifying him as an MLA following his conviction in a case for offence under Section 379 (punishment for theft) of the Indian Penal Code (IPC).

“How can you [ECI] declare the seat to be vacant on March 10 when his [Barad] conviction was stayed on March 7?” the court asked the counsel appearing for the poll panel.

Solicitor General Tushar Mehta, appearing for the State, told the Bench that the Sessions Court’s March 7 order staying Mr. Barad’s conviction in the case was quashed by the High Court on March 15.

Mr. Mehta said the disqualification by the Speaker was in accordance with the law. But the CJI observed that “the Speaker and Governor are there not to obstruct the law but to facilitate the law”.

The Solicitor General then argued that the Sessions Court’s order staying his conviction was set aside by the High Court.

“The High Court order [setting aside the stay on conviction] came on March 15 then under what authority did the EC declare the seat to be vacant on March 10?” the Bench questioned.