New Delhi: The Supreme Court on Monday agreed to hear on Tuesday a plea by disqualified Lakshadweep MP Mohammed Faizal P.P. challenging the delay by the Lok Sabha secretariat in restoring his membership.
Faizal's conviction and sentence of 10 years jail in attempt to murder case was stayed by the Kerala High Court on January 25.
Senior advocate A.M. Singhvi, appearing on his behalf, mentioned the matter before a bench presided over by Chief Justice of India D.Y. Chandrachud.
Singhvi submitted that letters were written but no action has been taken so far to restore Faizal's membership.
The top court was informed that UT administration plea challenging the stay granted by Kerala High Court on his conviction and sentence is scheduled for hearing before a bench led by Justice K.M. Joseph on Tuesday.
After hearing brief submissions, the top court allowed the hearing on the instant writ petition on Tuesday.
Faizal's plea contended that the Lok Sabha secretariat did not withdraw the notification issued on January 13 disqualifying him as MP.
In a petition filed through advocate K R Sasiprabhu, the NCP leader's plea said:
"It is respectfully submitted that the respondent's 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 plea added that this position has been recently reiterated by a three-judge behc of the apex court in Lok Prahari v. Election Commission of India in 2018.
The plea submitted that Faizal's conviction, which formed the basis of the notification, has since been stayed by the high court on January 25 and even the apex court refused to stay the high court's order.
"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."
"However, the respondent is not revoking the disqualification notification dated January 13, 2023 despite various representations, and thereby the petitioner was denied participation in the budget session of the Parliament and the session which is going on now", said the plea.
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