The Election Commission told the Supreme Court on Friday that it will 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.

 The apex court was hearing a plea filed by Faizal challenging the Election Commission's announcement  to conduct a by-election in his erstwhile Lakshadweep constituency. Soon after Faizal was disqualified following his conviction in the case, the  EC had said the by-poll would be conducted on February 27 .

A Bench comprising Justices KM Joseph and BV Nagarathna noted the submission of senior advocate Maninder Singh, appearing for poll panel, that the EC action will be in accordance with law in the light of the HC’s stay on the trial court’s conviction of the NCP’s MP for 10 years in an attempt to murder case.

“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 law in light of the HC order of suspension of conviction,” the bench said.

Senior Advocate Kapil Sibal, appearing for Faizal, submitted before the bench that the by-election cannot go on as the high court has suspended the conviction.

Faizal, in his petition, said the poll panel is proposing to fill the seat without awaiting the outcome of his plea for stay of conviction and sentence in the high court. He contended the EC's announcement was arbitrary, unlawful and mala fide .