New Delhi: The Election Commission told the Supreme Court that it would look into the Kerala High Court’s stay on the conviction of former Lakshadweep MP Mohammad Faizal in an attempt to murder case and then take further steps under the law. Former MP Mohammad Faizal has challenged the announcement of the Election Commission. Former MP Faizal was disqualified after being convicted in the case of attempt to murder, after which the Election Commission has issued a press release for holding the by-election and this notification was challenged by former MP Faizal.
Senior advocate Maninder Singh, appearing for the Election Commission, argued before a bench headed by Supreme Court Justice KM Joseph that further action would be taken under the law in view of the High Court’s order. Faizal’s lawyer Kapil Sibal said the Kerala High Court has suspended the conviction. The Supreme Court said that we take on record the submission of the Election Commission that it will take further action in the light of the suspension of the conviction by the High Court. With this he disposes of the petition. Faizal’s lawyer Sibal said that now bypolls cannot be held in Lakshadweep as the High Court has suspended Faizal’s conviction.
The Election Commission had said that the plea of the petitioner is not sustainable as it is a writ under Article 32 and it is not sustainable and the Election Commission has to take a decision in the matter. Senior Advocate Kapil Sibal appeared on behalf of Faizal and took up the matter. The Supreme Court was told on behalf of Sibal in the last hearing that the case is pending in the High Court and in this matter we are appealing that the High Court should dispose of the matter soon otherwise the by-election will be notified.
Faisal is a leader of the Congress party and was convicted on January 11 in a case of attempt to murder. His appeal is pending in the High Court. The High Court had fixed January 20 as the date for hearing the application for stay of conviction. Meanwhile, the Secretary General of the Lok Sabha announced Faizal’s disqualification and then on January 18, the Election Commission issued a press release saying that the by-election would be held on February 27.