Mohammed Faizal moves SC against non-withdrawal of notification disqualifying him as MP

Updated: Mar 25 2023 11:05PM

New Delhi, Mar 25 (PTI) Disqualified Lakshadweep MP Mohammed Faizal has moved the Supreme Court against the Lok Sabha Secretariat for not withdrawing a notification disqualifying him as a Member of Parliament upon his conviction and 10-year sentence, which was later stayed by the Kerala High Court. Faizal stood disqualified from the membership of Lok Sabha from January 11, the date of his conviction in an attempt to murder case by a sessions court in Kavaratti, according to a notification issued on January 13 by the Lok Sabha Secretariat.

In his petition filed in the apex court through advocate K R Sasiprabhu, Faizal said the L S Secretariat failed to withdraw the notification despite the fact that his conviction was stayed by the high court on January 25. "The petitioner is constrained to invoke the extraordinary jurisdiction of this court under Article 32 of the Constitution of India, against the unlawful inaction on the part of the respondent, Secretary General of the Lok Sabha Secretariat in not withdrawing the notification dated January 13, 2023, whereby the petitioner was disqualified from his membership of Parliament from the Lakshadweep parliamentary constituency," the plea said. It further claimed that the respondent's inaction is in the "teeth of the settled law" that disqualification incurred by a Member of Parliament (MP) under section 8 of the Representation of the People Act, 1951, ceases to operate if the conviction is stayed by the appellate court under section 389 of the Code of Criminal Procedure.

"It is pertinent to note that the Election Commission, by taking note of the correct legal position, recalled the by-election press note dated January 18, 2023," it said.