New Delhi, April 2: In a major setback to Congress leader Hardik Patel, the Supreme Court on Tuesday refused urgent hearing on his conviction and sentence in a 2015 rioting case by a district court. So long as he remains convicted, Hardik Patel cannot contest elections. Patel on Monday moved the apex court seeking the stay of his conviction and sentence to enable him to contest the Lok Sabha polls.
The Patidar leader, who joined the Congress on March 12, has begun preparation to contest the upcoming Lok Sabha poll from Jamnagar constituency. However, his campaign hit a legal roadblock after the Gujarat High Court on March 29 refused to stay his conviction. The High Court had declined the contention of Patel’s lawyers that if the conviction was not stayed, it will cause 'irreparable damage' as he intended to contest the Lok Sabha election.
In its March 29 order, the High Court observed that a conviction can be stayed only in rare and exceptional cases, and Patel's case did not fall into that category. The Sessions Court at Visnagar in Mehsana district had sentenced Patel to two years imprisonment last July for rioting and arson in Visnagar town in 2015 during the Patidar quota stir which he led. The High Court in August 2018 suspended the sentence but not the conviction. I Am Being Stopped from Contesting Lok Sabha Election: Hardik Patel.
After the High Court rejected his plea, Patel said that the 'law is only for the Congress'. "I welcome the decision of Gujarat High Court. Elections will come and go but the BJP is working against the Constitution. Why the 25-year-old worker of Congress party is being stopped from contesting elections? There are cases against many BJP leaders, even convictions but the law is only for us," tweeted Patel.
Under the Election Law — Representation of the People Act and a related Supreme Court ruling — a convict facing a jail term of two years or more cannot stand for election unless the conviction is stayed. Polling for 26 Lok Sabha seats in Gujarat will be held on April 23. The last date for filing nomination papers is April 4.
(The above story first appeared on LatestLY on Apr 02, 2019 11:13 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).