The Gujarat High Court will on Wednesday pronounce the verdict in the case of disqualification of Congress MLA from Talala, Bhaga Barad, by assembly speaker Rajendra Trivedi on March 5 and the subsequent announcement of by-election by the Election Commission (EC). The verdict will be pronounced by the division bench of justices SR Brahmbhatt and VB Mayani.
The hearing in the case concluded on Tuesday, with all contending parties – Barad, state government, and EC – completing their arguments. The court clarified that it would ensure the losing party has the judgment in hand on Wednesday so as to appeal before the Supreme Court.
Senior advocate Mihir Joshi appeared on the EC's behalf, arguing that the EC has followed the rules as it's a constitutional mandate that if an MLA is disqualified, the seat becomes vacant and election is declared; this is irrespective of a stay. He added that the EC is not the appellate authority for the speaker and it is not its job to review the speaker's decision. Joshi also submitted that the allegations of bias and prejudice against the EC are misconceived. He also said that granting of a stay would not restore Barad's position and he could re-contest the by-election.
On the other hand, advocates for Barad have contended that ideally, the speaker is supposed to be impartial, but unfortunately, that is not the case these days. They alleged that the speaker had taken a decision to knock Barad out as he is from the Opposition party, but the EC, being a neutral body, can't function similarly. It was also contended that if the by-election is not stayed, it would create an irreversible situation and that an injunction on the by-election process will not be a prejudice to any of the parties.
Advocate general Kamal Trivedi, appearing for the state government, reiterated that the speaker has acted as per law and there is no question of malafide.
