SC to hear on Tuesday plea by disqualified Lakshadweep MP against delay in restoring membership

Questioning 'unlawful inaction', in his petition the NCP leader submitted that the LS Secretariat failed to withdraw the notification

The Supreme Court on Monday agreed to take up on March 28 a plea by disqualified Lakshadweep MP Mohammed Faizal P P against delay by the Lok Sabha secretariat to restore his membership, though his conviction and sentence of 10 years jail has been stayed on January 25.

Senior advocate A M Singhvi on his behalf mentioned the matter before a bench presided over by Chief Justice of India D Y Chandrachud.

He said seven letters have been written but no action has yet been taken.

The counsel also said the matter filed by the UT administration against stay by the Kerala High Court on his conviction and sentence is coming up for hearing before a bench led by Justice K M Joseph on Tuesday.

Read | Supreme Court to hear K Kavitha's plea in Delhi excise case after 3 weeks

The court, which initially wanted to post the matter for hearing on April 5, then allowed the hearing on the instant writ petition on Tuesday.

Questioning "unlawful inaction", his petition filed through advocate K R Sasiprabhu, the NCP leader submitted that the Lok Sabha Secretariat has failed to withdraw the notification issued on January 13, 2023, disqualifying him as MP.

This has happened "despite the fact that the petitioner’s conviction, which formed the basis of the notification, has since been stayed by the Kerala High Court on January 25, 2023 and the Supreme Court had also refused to stay the High Court's order," his plea said.

"This 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 said.

The plea further pointed out this position has been recently re-iterated by a three-judge bench of this court in Lok Prahari vs Election Commission of India, (2018).

His petition also stated that the Election Commission, by taking note of the correct legal position, had already recalled a press note related to by-election issued on January 18, 2023.

"However, the Secretary General Lok Sabha is not revoking the disqualification notification of January 13, 2023 despite various representations, and thereby denying him participation in the Budget Session of the Parliament and the Session which is going on now," it said.

The petitioner was on January 11, 2023 sentenced to 10 years imprisonment after being held guilty in the attempt to murder case.