Blow to Hardik's poll plans as SC declines urgent hearing on plea challenging Gujarat HC order

Earlier on Monday, the Congress leader had moved to the Supreme Court challenging the Gujarat High Court order rejecting his plea to stay his conviction in the 2015 Vispur rioting case.

Indian Congress President Rahul Gandhi (L) and Patel Patidar leader Hardik Patel (R) wave to attendees during a rally at Adalaj, some 30 kms from Ahmedabad on March 12, 2019. - Hardik Patel was inducted in to Congress Party on March 12 ahead of Lok Sabha elections. (Photo by SAM PANTHAKY / AFP)

NEW DELHI: The Supreme Court on Tuesday declined urgent hearing on Hardik Patel's plea challenging Gujarat High Court order which refused to stay his conviction in 2015 rioting case. The apex court said that there is no urgency in listing Hardik’s plea as the high court order was passed in August last year.

Supreme Court declines urgent hearing of Patidar leader Hardik Patel's plea seeking a suspension of his conviction in a 2015 case relating to rioting, so that he can contest the upcoming Lok Sabha elections. (file pic) pic.twitter.com/5AMtzD3SqC

— ANI (@ANI) April 2, 2019

Earlier on Monday, the Congress leader had moved to the Supreme Court challenging the Gujarat High Court order rejecting his plea to stay his conviction in the 2015 Vispur rioting case. The Gujarat high court order is coming in the way of his contesting the Lok Sabha election as under the 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. Patel had started preparations to contest from Jamnagar on a Congress ticket after joining the party on March 12 and the last date for filing of nominations is April 4. Polling for 26 Lok Sabha seats in Gujarat will be held on April 23. In July 2018, the sessions court at Visnagar sentenced Patel to two years' imprisonment for rioting and arson in Visnagar town during the 2015 Patidar quota stir. The high court granted him bail and suspended his sentence in August 2018, but his conviction was not stayed. In the Gujarat high court, the state government had submitted that there were 17 FIRs including two sedition complaints against Patel who is known for making inflammatory speeches. 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 the order, the high court noted that a conviction can be stayed only in rare and exceptional cases, and the case did not fall into that category.