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New Delhi, March 28 (). The Supreme Court on Tuesday asked disqualified Lakshadweep MP Mohd Faizal PP, who challenged the delay by the Lok Sabha secretariat in restoring his membership, as to which fundamental right has been violated.
The counsel representing Faizal told Justice K.M. Joseph mentioned the matter before a bench headed by Justice B.V. Nagaratna was also involved, he asked, what is the fundamental right that has been violated?
The lawyer replied that his client’s right to represent the constituency was being taken away and insisted that the action was completely arbitrary. The bench asked the counsel to approach the High Court. The lawyer replied that the apex court is already considering the matter. After hearing brief submissions, the apex court agreed to take up the matter on Wednesday.
Senior advocate AM Singhvi, appearing for Faizal, mentioned the matter before a bench headed by Chief Justice of India DY Chandrachud on Monday. Singhvi said letters have been written but no action has been taken so far to restore his membership. Faizal’s conviction and 10-year jail term was stayed by the Kerala High Court on 25 January.
Faizal’s petition contended that the Lok Sabha Secretariat had not withdrawn the notification issued on January 13, 2023, disqualifying him as an MP. NCP leader advocate K.R. A petition filed through Sashiprabhu said: It is respectfully submitted that the inaction of the respondent is in accordance with the settled law that the disqualification made by a Member of Parliament under section 8 of the Representation of the People Act, 1951 ceases to have effect, if the penalty The conviction is stayed by the appellate court under section 389 of the Code of Procedure.
The petition states that this position has been reiterated by a three-judge bench of the apex court in Lok Prahari v Election Commission of India in 2018. The plea states that Faizal’s conviction, which formed the basis of the notification, has since been stayed by the High Court on January 25, 2023, and even the apex court refused to stay the order of the High Court.
The petition said- It is pertinent to note that the Election Commission, keeping in view the correct legal position, has withdrawn the bye-election press note dated January 18, 2023. However, the respondent is not revoking the disqualification notification dated 13th January, 2023 despite various representations, and thus the petitioner has been debarred from participating in the budget session of Parliament and the ongoing session.
KC/ANM
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