NEW DELHI: The Supreme Court on Tuesday asked disqualified Lakshadweep MP Mohammed Faizal P P, questioning the delay by the Lok Sabha secretariat in restoring his membership as to which of his fundamental rights got violated due to alleged inaction.
As a counsel, representing the NCP leader mentioned the matter before a bench of Justices K M Joseph and B V Nagarathna, asked, What is the fundamental right that is violated?
He said that his client's right to represent the constituency was being taken away in a completely arbitrary way.
On this, the bench asked the counsel to approach the high court.
As the counsel said that the top court was already seized of the petition filed by Union Territory Administration against stay granted on his conviction and suspension of sentence of 10-year in jail in an attempt to murder, the court agreed to take up the matter on Wednesday.
On March 27, 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.
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 petitioners 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 the case.
