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SC to hear on Tuesday plea by disqualified Lakshadweep MP against delay in restoring membership

By Lawstreet News Network Lawstreet News Network      Mar 27, 2023      0 Comments      292 Views
SC to hear on Tuesday plea by disqualified Lakshadweep MP against delay in restoring membership

NEW DELHI: The Supreme Court on Monday decided to hear on March 28 a writ petition filed by disqualified Lakshadweep MP Mohammed Faizal P P against delay by the Lok Sabha secretariat to restore his membership.

He said he was convicted and sentenced to 10 years jail on January 11, which was subsequently stayed by the Kerala High Court on January 25. But no decision has yet been taken to rescind the notification disqualifying him as an MP on January 13.

Appearing for him, senior advocate A M Singhvi mentioned the matter before a bench of Chief Justice of India D Y Chandrachud and Justices P S Narasimha and J B Pardiwala.

He also said seven letters have been written to the official. He said the Supreme Court had conducted on hearings on four dates on special leave petition filed by the UT administration against the High Court's order.

The counsel also said the matter filed by the UT administration against stay by the Kerala High Court on his conviction and sentence is coming up for hearing before a bench led by Justice K M Joseph on Tuesday.

The court at the outset agreed ro post the matter for hearing on April 5.

However, when informed about the connected matter coming up for hearing on Tuesday, the court tagged the writ petition for consideration on March 28.

In the petition filed through advocate K R Sasiprabhu, the NCP leader submitted that the Lok Sabha Secretariat has failed to withdraw the notification issued on January 13, 2023, disqualifying him as MP, "despite the fact that the petitioner’s conviction, which formed the basis of the notification, has since been stayed by the Kerala High Court on January 25, 2023 and the Supreme Court had also refused to stay the High Court's order."

"This inaction is in the teeth of the settled law that disqualification incurred by a Member of Parliament 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 said.

The plea further pointed out this position has been recently re-iterated by a three-judge bench of this court in Lok Prahari vs Election Commission of India, (2018).

His petition also stated that the Election Commission, by taking note of the correct legal position, had already recalled a press note related to by-election issued on January 18, 2023.

"However, the Secretary General Lok Sabha is not revoking the disqualification notification of January 13, 2023 despite various representations, and thereby denying him participation in the Budget Session of the Parliament and the Session which is going on now," it said.

The petitioner was on January 11, 2023 sentenced to 10 years imprisonment after being held guilty in an attempt to murder case.

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