Mohammed Faizal has filed a petition on Thursday regarding to quash of a press note released by Election Commission on 18th January.
Lakshadweep are going to have their by-election for which schedule has been released by the elections commission for Lakshadweep constituency.
Former Member of Parliament (MP) from Lakshadweep, PP Mohammed Faizal has sued the Supreme Court challenging the announcement by the Election Commission (EC) to hold bye-elections in his constituency.
In the case of Mohammed Faizal PP v Election Commission of India, Faisal was convicted to attempt to murder and therefore, declared disqualified by Secretary General of Lok Sabha to hold the position of MP in his constituency.
Mohammed Faisal were under the allegations on attempt to murder Padanath Salih, the son-in-law of former Union Minister PM Sayeed due to political tensions between them during the 2009 Lok Sabha.
A Kavaratti Sessions Court convicted 3 more other person asides Faizal for their involvement in the matter.
They were all sentenced to undergo 10 years rigorous imprisonment and directed pay fine of ₹1 lakh for each.
The matter was served before Chief Justice of India (CJI) DY Chandrachud on Friday.
Hearings Of the matter will now be on January 27.
Faizal challenged this conviction before the Kerala High Court. When the case was taken up for hearing this week, Justice A Badharudeen refused to pass orders on Faizal’s connected application for sentence suspension without hearing all parties.
Faizal was found involved in two other serious crimes for which the Lakshadweep Police on Tuesday, denied the plea by Faizal to suspend his conviction and 10-year sentence and he is presently facing trial in one of those cases.
“This press note has been released despite being well aware of the fact that the Petitioner has immediately challenged his erroneous conviction.. Along with the Appeal, the Petitioner also filed an application for stay of his conviction and his sentence, which is pending and listed for consideration,” the petition said.
The Election Commission of India (ECI) is proposing to fill the petitioner’s seat without awaiting the appeal or stay application’s outcome, the plea said.
“The same is arbitrary, unlawful and mala fide,” it was submitted.
The plea further said that the press note goes against settled law that an MP’s disqualification under the Representation of People Act ceases to operate if the conviction is stayed by an appellate court.
The plea drew attention to the recent judgment in Lok Prahari v. Election Commission of India where this position was reiterated.
The petitioner therefore filed petition to seek quashing the press note as Election Commission released without awaiting the appeal or stay application’s outcome.
Senior Advocates Kapil Sibal and Ritin Rai assisted by advocates KR Sasiprabhu, Rohit Sharma and Vishnu Sharma AS appeared for Faizal.
BY: AYUSHI BHUSHAN, 1st YEAR BA.LLB(INTEGRATED), BANASTHALI UNIVERSITY, RAJASTHAN
0 Comments