Gujarat High Court refuses to stay AAP MLA Chaitar Vasava’s 7-year sentence

The Story in Brief

The Gujarat High Court on Monday dismissed AAP MLA Chaitar Vasava's plea to suspend his seven-year rigorous imprisonment and grant him bail, citing his criminal antecedents and disregard for law. Justice Vimal K Vyas noted that 22 serious offences have been registered against the Dediapada legislator, and that the assault and extortion case was filed in November 2023 when he was already out on bail in other cases.

Gujarat High Court refuses to stay AAP MLA Chaitar Vasava's 7-year sentence

Vasava was convicted on June 23 along with his wife, personal assistant and six others for assaulting forest officials and extorting Rs 60,000 from them in October 2023, after the officials cleared illegal crops on forest land. The high court observed that holding a high public office does not confer immunity from law, and that Vasava's conduct was "not befitting a sitting MLA".

Despite the conviction, Vasava continues to be a legislator as the Gujarat assembly has not yet issued the order for his disqualification.

Indian Opinion Analysis

Under the Representation of the People Act, 1951, a legislator convicted and sentenced to two years or more stands disqualified from the date of conviction. The onus is on the state legislature to notify the disqualification, and the Gujarat assembly has yet to complete that formality. Vasava's criminal record now includes 22 registered cases, raising questions about how a person with such a history remained an MLA candidate and was elected. The assembly secretariat's delay in issuing the disqualification order will be watched closely, as the high court's rebuke leaves little ambiguity about the severity of the offences.

A similar situation arose in 2023 when the Rajasthan assembly delayed disqualifying a convicted MLA, prompting a petition in the Supreme Court. The Gujarat assembly's next step will determine whether Vasava retains his seat or a by-election is triggered in Dediapada.


Source: hindustantimes.com

This story was synthesised by AI from the source linked above. Methodology and corrections.

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