Hardik Patel can't contest LS polls as HC refuses to stay conviction

Patidar leader Hardik Patel | PTI Patidar leader Hardik Patel | PTI

Patidar leader Hardik Patel's hopes of fighting next month's Lok Sabha polls hit a major roadblock with the Gujarat High Court on Friday dismissing his plea to stay his conviction in a 2015 rioting case.

April 4 being the last date of filing of nominations in Gujarat, Hardik has a few days to challenge the judgement in the Supreme Court.

Hardik, who joined the Congress on March 12, had expressed his willingness to contest the election from Jamnagar Lok Sabha seat.

During the earlier hearings, the Gujarat government had strongly opposed his plea saying that Hardik has criminal antecedents with 17 FIRs registered against him, including two cases of sedition.

After the high court's judgement, Hardik's lawyers said they would first study the order and then decide about approaching the Supreme Court.

Justice A G Uraizee took into account the submissions made by the Gujarat Government while rejecting Hardik's petition seeking a stay on the conviction awarded to him by a sessions court, which was coming into his way to contest the April 23 Lok Sabha polls.

After the ruling, Patel posted on his twitter handle that he welcomes high court's judgment. He, however, said that elections come and go but the BJP was working against the constitution.

He said that a 25-year-old Congress worker was being stopped from contesting the polls. Patel wondered why the law was applicable only for him when there are cases and convictions against many BJP leaders.

Patel said that he was facing this because he had refused to bow down before the BJP. “I am not going to get scared,” he said, adding that he would continue his fight for truth, non violence and honesty. “This is the result of fighting against the power,” he added.

He also added that he would campaign for the Congress in Gujarat and elsewhere in the country.

In his order, Justice Uraizee noted that conviction can be stayed only in exceptional cases and Hardik's case does not fall into that category.

Citing the state government's submission, the court said as many as 17 FIRs were registered against Hardik in Gujarat.

The court also noted that looking at the criminal background of Hardik, no relief can be granted.

In July last year, the sessions court at Visnagar in Mehsana district sentenced Patel to two years of imprisonment for rioting and arson in Visnagar town in 2015 during the Patidar quota stir.

In August last year, the high court suspended the lower court's order sentencing him to two years' jail term in the 2015 rioting case, but did not stay his conviction.

Former Gujarat Congress president Arjun Modhwadia said that Hardik was not even present on the spot during the said incident. He alleged that the Gujarat government deliberately dragged the case so that Congress does not get time to appeal.

Modhwadia said that they would move the Supreme Court against the High Court verdict.

Patel had expressed interest to contest from Jamnagar Lok Sabha seat. As the court order was awaited, the Congress has so far not named a candidate for Jamnagar seat. The BJP has fielded sitting MP Poonam Madam.

With inputs from Nandini Oza