Disqualified Lakshadweep MP Moves Supreme Court Challenging ECI Announcing Bye-Election

LIVELAW NEWS NETWORK

19 Jan 2023 9:41 AM GMT

  • Disqualified Lakshadweep MP Moves Supreme Court Challenging ECI Announcing Bye-Election

    Former Member of Parliament from from Lakshadweep, Mohammed Faizal, has approached the Supreme Court challenging the notification issued by the Election Commission of India notifying bye-elections for the constituency, following his disqualification as an MP due to conviction in an attempt to murder case.Faizal, belonging to Nationalist Congress Party, was convicted by the Sessions Court...

    Former Member of Parliament from from Lakshadweep, Mohammed Faizal, has approached the Supreme Court challenging the notification issued by the Election Commission of India notifying bye-elections for the constituency, following his disqualification as an MP due to conviction in an attempt to murder case.

    Faizal, belonging to Nationalist Congress Party, was convicted by the Sessions Court at Lakshadweep on January 11 in an attempt to murder case of 2017 and he was sentenced to 10 years imprisonment. His appeal against the conviction is pending in the Kerala High Court. His application to stay the conviction is posted on January 20.

    Meanwhile, on January 13, the Lok Sabha Secretary General issued a notification declaring his disqualification from the Parliament consequent to his conviction in the criminal case. On January 18, the ECI issued the press release announcing bye-polls on February 27.

    Challenging the ECI decision, the petitioner said : "Now, by the impugned Press Note, the Election Commission of India is proposing to fill the seat occupied by the petitioner, without awaiting the outcome of petitioner’s plea for stay of his conviction and sentence. The same is arbitrary, unlawful and mala fide".

    The petition is likely to be mentioned before CJI DY Chandrachud tomorrow for urgent hearing.


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