Cong MLA disqualified after conviction in illegal mining case

Congress lawmaker from Gujarat Bhagvan Barad has been disqualified as an MLA following his conviction in an illegal mining case, state Assembly Speaker Rajendra Trivedi said on Tuesday. The opposition Congress has termed the move "politically motivated" and said it would approach court over the Speaker's move and also hold protests.

A court in Gir-Somnath district last Friday awarded Barad a jail term of two years and nine months in a 24-year-old case of illegal mining. The 60-year-old Congress leader won from Talala seat in Gir-Somnath in the 2017 Assembly polls.

"Barad has been disqualified as MLA. The chief electoral officer and the election commissioner have been informed about it. He is no longer an MLA," Trivedi told reporters in Gandhinagar. The state legal department earlier sent a certified copy of the court order to the Gujarat Assembly so that action could be taken against him, he said.

Barad was disqualified as per notifications of the Election Commission and the Supreme Court order pertaining to conviction of a lawmaker in a case, Trivedi said. The apex court last year said a lawmaker, whose conviction in a criminal case has not been stayed by an appellate court, would stand disqualified from the membership of the House.

The court in Gir-Somnath pronounced Barad guilty under Indian Penal Code Section 379 (theft) and also imposed a fine of Rs 2,500 on him. He was accused of stealing limestone worth Rs 2.83 crore through illegal mining on a government land in Sutrapada.

The material was then sold to a local chemical factory, as per the FIR lodged against him against him in 1995. Barad has challenged his conviction in the Gujarat High Court.

Barad's disqualification as MLA attracted condemnation from the Congress which called it "politically motivated". The party said it will Wedensday hold protests across the state and submit memorandums on the issue to collectors.

Leader of Opposition in Gujarat Assembly Paresh Dhanani claimed Barad was given bail within hours of his conviction and the same court had also stayed his conviction for thirty days so that he could the high court. "The court granted him bail on the very day of conviction and even allowed him to appeal against the conviction within thirty days. His disqualification is politically motivated," Dhanani told reporters.

"He was disqualified because the BJP stares at defeat in the upcoming Lok Sabha election," he said, adding that Barad was a possible Congress candidate from Junagadh Lok Sabha seat. He said even the case of illegal mining against him was "politically motivated".

"The decision of the speaker to disallow him from contesting elections for the next six years is very unfortunate. We will challenge this in court. The speaker did not give Barad a chance to present his side," Dhanani said. He also accused the ruling BJP for not taking action against its own MLAs who were convicted in the past.

The BJP hit back with state unit chief Jitu Vaghani saying, "This matter pertains to courts. A court has sentenced him to jail term for more than two years. A October 13, 2015 Supreme Court judgement makes this clear (disqualification)." PTI KA PD GK BNM BNM.

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