The Election Commission told the Supreme Court on Friday it would take note of the Kerala High Court order suspending the conviction of Lakshadweep MP Mohammed Faizal in an attempt to murder case, which had resulted in his disqualification from the Lok Sabha, and take action in accordance with the law.
The top court was hearing a plea filed by Mr. Faizal challenging the Election Commission’s press note announcing conduct of by-election in his erstwhile Lakshadweep constituency. The EC had announced the bypoll after Mr. Faizal was disqualified following his conviction in the case.
A Bench comprising Justices K.M. Joseph and B.V. Nagarathna noted the submission of senior advocate Maninder Singh, appearing for the poll panel, that the EC action would be in accordance with the law in the light of the High Court order.
“It is submitted also that the ECI went ahead as per the trial court order (of conviction). Without going into the allegations or pronouncing on any merits, we dispose of the writ petition recording the submission that action will be taken by the ECI in accordance with the law in light of the HC order of suspension of conviction,” the Bench said.
Advocate Kapil Sibal, appearing for Mr. Faizal, submitted before the Bench that the byelection cannot go on as the High Court had suspended the conviction.
