Ahmedabad, Jun 23 Gujarat Aam Aadmi Party (AAP) MLA Chaitar Vasava, sentenced to seven years' imprisonment by a court in a case of assaulting forest officials and extortion, has ceased to be a legislator, Deputy Assembly Speaker Purnesh Modi said on Tuesday, hours after the verdict.
Earlier in the day, a sessions court in Rajpipla town in Narmada district sentenced Vasava, his wife and seven others to seven years' imprisonment in a 2023 case of assaulting forest officials and extortion. Additional sessions Judge A V Hirpara also imposed a fine of Rs 25,000 on each of them, said government lawyer Vandana Bhatt.
Reacting to the verdict, Deputy Speaker Modi said Vasava has ceased to be an MLA with immediate effect, and his seat is now deemed vacant as per provisions of the Representation of the People Act (RP Act).
"Under section 8 of the RP Act, it is clearly stipulated that if an MLA or an MP is sentenced to imprisonment for more than two years, their membership stands cancelled then and there," he told reporters.
"It is no longer a matter of Vasava's mere suspension from the legislative assembly. He has ceased to be an MLA, and his seat is deemed vacant. While the formal procedure will completed after a proposal is made to the Speaker of the Legislative Assembly through the legal cell, the law is explicit on this matter," he insisted.
The law further dictates that unless relief is granted by a higher court, his disqualification remains in effect, barring him from contesting any election for the next six years, Modi pointed out.
"He is no longer an MLA. Even if he secures a stay on the sentence, but fails to obtain a stay on the conviction itself, this rule remains applicable. He ceased to be an MLA the very moment the court pronounced the sentence," the Deputy Speaker maintained.
A tribal leader, Vasava was elected from the Dediapada (ST) assembly constituency in Narmada district.
As per the prosecution, the assault incident took place on October 30, 2023.
Forest officials removed cotton crop cultivated on illegally occupied government land, which led to a dispute. The officials were then called to Vasava's residence at Dediapada in Narmada district to discuss the issue.
At his residence, Vasava threatened the officials, slapped one of them, and fired in the air from a pistol. The accused, including Vasava's wife, extorted a total of Rs 60,000 from forest officials for removing the crop and Vasava later destroyed the evidence by concealing or disposing of the pistol, police said.
