Convicted Lakshadweep ex-MP Mohammed Faizal moves Supreme Court against EC announcement of bye-election

Former Member of Parliament (MP) from Lakshadweep, PP Mohammeed Faizal has moved the Supreme Court challenging the announcement by the Election Commission (EC) to hold bye-elections in his constituency after he was disqualified as MP following his conviction in an attempt to murder case [Mohammed Faizal PP v Election Commission of India]..The petition filed on Thursday has sought quashing of a press note issued by the EC on January 18 releasing the schedule for bye-elections.The matter was mentioned on Friday before Chief Justice of India (CJI) DY Chandrachud for early listing.The CJI agreed to hear the case on January 27. .Last week, a Kavaratti Sessions Court had convicted four persons, including Faizal for attempt to murder.They were all sentenced to undergo 10 years rigorous imprisonment and directed pay fine of ₹1 lakh each for attempting to murder Padanath Salih, the son-in-law of former Union Minister PM Sayeed, in relation to a political controversy during the 2009 Lok Sabha elections.Faizal challenged this conviction before the Kerala High Court. When the case was taken up for hearing this week, Justice A Badharudeen refused to pass orders on Faizal's connected application for sentence suspension without hearing all parties.The Lakshadweep Police on Tuesday, opposed the plea by Faizal to suspend his conviction and 10-year sentence. In the objection, it was pointed out that Faizal is actually involved in two other serious crimes and he is presently facing trial in one of those cases..The plea before the top court said that only a day after Faizal petitioned the Kerala High Court challenging his conviction in the attempt to murder case, the Secretary General of Lok Sabha declared that he was disqualified from his membership of the house consequent to his conviction.“This press note has been released despite being well aware of the fact that the Petitioner has immediately challenged his erroneous conviction.. Along with the Appeal, the Petitioner also filed an application for stay of his conviction and his sentence, which is pending and listed for consideration,” the petition said. .The Election Commission of India (ECI) is proposing to fill the petitioner’s seat without awaiting the appeal or stay application’s outcome, the plea said.“The same is arbitrary, unlawful and mala fide,” it was submitted.The plea further said that the press note goes against settled law that an MP’s disqualification under the Representation of People Act ceases to operate if the conviction is stayed by an appellate court..The plea drew attention to the recent judgment in Lok Prahari v. Election Commission of India where this position was reiterated.In light of these submissions, the petitioner sought for quashing the press note..Senior Advocates Kapil Sibal and Ritin Rai assisted by advocates KR Sasiprabhu, Rohit Sharma and Vishnu Sharma AS appeared for Faizal.The plea was filed through advocate Sasiprabhu and drawn by advocates Sharma, Nikhil Purohit and Ashok Kumar.