The Election Commission (EC) on Monday withheld the by-election to Lakshadweep Lok Sabha seat and deferred the issuance of notification for holding the bypoll after the Kerala High Court suspended conviction and sentence of sitting MP Mohammed Faizal in an attempt to murder case.

The Kerala High Court, on January 25, had suspended the conviction and sentence of Faizal in a case of attempted murder of Mohammed Salih, son-in-law of former Union Minister P.M. Sayeed, during the 2009 Lok sabha polls. The bypoll was to be held on February 27. The by-election was announced following the disqualification of Faizal on grounds of his conviction by a sessions court in Kavaratti.  He had approached the high court against the order which suspended the conviction and sentence imposed on him.

"After considering the matter and having due regard to the order passed by Hon'ble High Court of Kerala at Ernakulam...The Election Commission of India has decided to withhold the bye election and to defer the issuance of notification for holding the bye election," according to an EC statement. Advocate Kapil Sibal, appearing for Faizal, submitted before a bench headed by Justice K.M. Joseph that the by-election cannot go on as the high court has suspended the conviction of his client.

Faizal's conviction had resulted in his disqualification from the Lok Sabha. The bypoll was announced by the EC after Faizal was disqualified following his conviction in the case. Senior advocate Maninder Singh, representing the EC, contended before the bench, also comprising B.V. Nagarathna, that the action will be in accordance with law against the backdrop of the high court order. Singh took strong exception to the allegations made in Faizal's petition that the poll body had acted in a malafide manner and questioned how a petition under Article 32 of the Constitution could be filed in the matter.