The Gujarat High Court, on Tuesday, issued a notice to the Election Commission in response to former Congress MLA Bhaga Barad's petition questioning the haste in announcing by-election to the Talala Assembly seat. The notice was issued by the division bench of justices SR Brahmbhatt and VB Mayani. Barad's lawyer contended before the High Court bench that the Election Commission's decision to announce the by-election for Talala was taken in haste. He said that the EC has eight weeks to declare by-election to vacant seats, but the by-poll for Talala was announced just five days after Barad's disqualification. Barad, who was convicted in a case of illegal mining and sentenced to two years and nine months of imprisonment on March 1, was disqualified by Assembly speaker Rajendra Trivedi on March 5. The EC had declared the by-election on March 10, even though a sessions court in Veraval had stayed his conviction on March 8. The stay was quashed by the High Court on March 15. The former MLA's lawyer also stated that the Assembly speaker's decision was politically motivated, and taken in haste. He pointed out that disqualification of an MLA fell under the purview of the governor, and not the speaker. The state government's counsel said before the High Court that as per rules, disqualification sets automatically from the date of conviction. He also said that due processes had been followed. Explaining the procedure, he said the Assembly secretary has to issue a notification with the speaker's consent about the disqualification. The notification is required to be communicated to the state's Chief Electoral Officer (CEO), who in turn, intimates EC. The government also submitted that announcement of by-election is EC's prerogative, and the state has no role in it. Issuing a notice to it, the High Court directed the EC to file a reply by March 25. The bench also clarified that it would announce its verdict by March 28, the date the notification for Talala by-election is slated to be issued. Barad was accused of stealing limestone worth Rs2.83 crore through illegal mining in government land in Sutrapada, according to an FIR made against him in 1995. He was pronounced guilty under IPC section 379, which deals with punishment for theft. Inside Peek

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