What fundamental right is violated, SC asks disqualified Lakshadweep MP

In his petition, NCP leader Mohammed Faizal said the Lok Sabha Secretariat failed to withdraw the notification despite the fact that his conviction was stayed by the Kerala High Court on January 25.

Supreme Court
Supreme Court (File Image)

The Supreme Court on Tuesday asked disqualified Lakshadweep MP Mohammed Faizal what fundamental right was being violated after he moved the Supreme Court against the Lok Sabha Secretariat for not withdrawing a notification disqualifying him as a Member of Parliament, despite a high court order staying his conviction in an attempt to murder case.

A bench of Justices K M Joseph and B V Nagarathna posed the question to the lawyer appearing on behalf of the NCP leader after he mentioned the matter saying it be heard on Wednesday.

“What is the fundamental right that is violated?” Live Law quoted Justice Joseph as asking the lawyer. The counsel said the NCP leader’s right to represent the constituency is being violated, adding that the action is highly arbitrary.

Justice Joseph then asked him why the petitioner can’t move the High Court under Article 226 of the Constitution. The lawyer replied that the top court is already seized of the matter. The bench then agreed to hear the matter on Wednesday.

In his petition filed in the top court, through advocate K R Sasiprabhu, the former MP said the Lok Sabha Secretariat failed to take back the notification despite the fact that his conviction was stayed by the high court on January 25.

“The petitioner is constrained to invoke the extraordinary jurisdiction of this court under Article 32 of the Constitution of India, against the unlawful inaction on the part of the respondent, Secretary General of the Lok Sabha Secretariat, in not withdrawing the notification dated January 13, 2023, whereby the petitioner was disqualified from his membership of parliament from the Lakshadweep parliamentary constituency,” the petition said.

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First published on: 28-03-2023 at 18:15 IST