Lakshadweep MP’s Disqualification: ECI Tells Supreme Court That It Will Act As Per HC Order Staying Conviction

On Friday, the Supreme Court disposed of former Member of Parliament from Lakshadweep, Mohammed Faizal’s plea challenging Election Commission of India’s decision announcing bye-elections for the constituency, following his disqualification owing to conviction in a criminal 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 was sentenced to 10 years imprisonment.

A Bench of Justices KM Joseph and BV Nagarathna closed proceedings in the case after Senior Advocate Maninder Singh, appearing for the ECI assured that it would look into the Kerala High Court order on January 25 suspending the sentence and conviction, until final disposal of Faizal’s appeal. The High Court order was passed subject to condition that he deposit an amount of fine within two weeks from the date of that order.

Senior Advocate Kapil Sibal appearing for the petitioner informed the Bench of the order suspending the sentence and conviction.

During the hearing, Singh took objection to the maintainability of the petition under Article 32 and in particular, allegations contained that action of the ECI is malafide and arbitrary.

“This plea under 32 does not survive, it is for Commission to take a call...EC will abide by the orders passed, but how are we acting malafide? Look at their allegations against ECI. Why should this Court entertain a convict sentenced to over 10 years? Kindly see the press note. These are various bye-elections due…”

Sibal, on the other hand, informed that the notification on the conduct of fresh polls was issued immediately after the trial court's order of conviction, without waiting to check if any appeal was filed in the matter.

Singh’s reply was that press releases of such information were common. And, there was nothing to indicate that the action was malafide.

“In this information age, you could have found out if any writs were filed before notification. ECI could have accordingly advised, after checking if there were any appeals”, Justice Nagarathna was quick to point out.

It (the notification) is for various by-elections. Once a seat is vacant, process will have to be followed, Singh responded.

He also submitted that notification of the Speaker on January 13 declaring existence of the vacancy on account of the conviction was issued based on the Trial Court’s order which had convicted four persons, including Faizal.

“Without going into allegations as such and without pronouncing on merits, we dispose of the writ petition recording the submission of the ECI that in the light of the development namely the stay on the suspension of conviction ordered by Kerala High Court, action will be taken in accordance with law”, the Bench recorded in its order.

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

Challenging the ECI decision, the petitioner argued, "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 malafide".

Case Title: Mohammed Faizal P.P. v. ECI And Anr. WP(C) 85/2023