Disqualified Lakshadweep MP's Challenge To ECI Announcing Bye-Elections : Supreme Court To Hear On Jan 27

LIVELAW NEWS NETWORK

20 Jan 2023 5:35 AM GMT

  • Disqualified Lakshadweep MPs Challenge To ECI Announcing Bye-Elections : Supreme Court To Hear On Jan 27

    The Supreme Court on Friday agreed to list on next Friday (January 27) the writ petition filed by former Member of Parliament from Lakshadweep, Mohammed Faizal, challenging the press release issued by the Election Commission of India announcing bye-elections for the constituency, following his disqualification as an MP due to conviction in an attempt to murder case.Senior Advocate Kapil...

    The Supreme Court on Friday agreed to list on next Friday (January 27) the writ petition filed by former Member of Parliament from Lakshadweep, Mohammed Faizal,  challenging the press release issued by the Election Commission of India announcing bye-elections for the constituency, following his disqualification as an MP due to conviction in an attempt to murder case.

    Senior Advocate Kapil Sibal mentioned the matter before Chief Justice of India DY Chandrachud for urgent listing.

    "We filed the application before the High Court, we just want the High Court to decide it soon, otherwise the bye-elections will be notified", Sibal said,

    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".


     

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