Hardik Patel moves Supreme Court seeking suspension of conviction to contest elections

Patidar leader Hardik Patel who joined the Indian National Congress last month has moved Supreme Court seeking a suspension of his conviction in a case relating to rioting so that he can contest the upcoming Lok Sabha elections. Patel has approached the Supreme Court after the Gujarat High Court rejected his plea in the matter..Patel, who is a potential candidate in the General Elections this year, was convicted in a case of rioting and arson by a lower Court in Mehasana and was sentenced to two years imprisonment. The case dates back to the Patidar protests in 2015 for reservation..He approached the Gujarat High Court seeking suspension of his conviction so that he can contest elections. This plea was, however, rejected by the High Court..Patel has challenged the High Court’s decision on the ground that an Appellate Court ought to consider the consequences if the conviction is not suspended. In this case, rejection of his plea would cause him an “irreparable loss”, Patel contends. The last date for filing nominations for the Lok Sabha elections of 2019 is April 4. He stands to lose out on the opportunity to contest these elections if his conviction is not suspended or stayed, the petition contends..It is also submitted that in a case for suspension of conviction, the Court is required to look into the broad features and the evidence available on record. Hardik Patel argued before the High Court that his conviction was based on hearsay evidence but the High Court rejected the plea..One of the reasons cited by the High Court for not interfering in the matter was that various FIRs were pending against Patel. It is Hardik Patel’s contention that the “ruling party in the State got registered number of FIRs against him under various provisions of law (sic)” and the same was done with a mala fide intention..Stating that the “balance of convenience is in the Petitioner’s favour”, Patel has sought an interim relief. He has also submitted that he has a strong case on merits and a suspension of his conviction would not prejudice the interests of the Respondent State..Patel has thus, challenged the High Court’s decision, and sought suspension of his conviction order passed by the Additional Sessions Judge, Mehasana..The General Elections are scheduled to be held in seven phases starting from April 11 and the results are slated to be declared on May 23. The last date for filing of nominations for contesting elections is fixed on April 4..Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.