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Lok Sabha secretariat revokes disqualification of Lakshadweep MP Mohammad Faisal
The Lok Sabha secretariat’s notification came ahead of the Supreme Court’s hearing on Lakshadweep MP Mohammad Faizal’s plea challenging its refusal to restore his membership despite the Kerala high court giving a stay on his conviction in a criminal case
The Lok Sabha secretariat revoked the disqualification of member of Parliament (MP) from Lakshadweep, Mohammad Faizal, on Wednesday, two months after the Kerala high court suspended his conviction and 10-year sentence in a criminal case.
The secretariat’s notification came ahead of the Supreme Court’s hearing on Faizal’s plea challenging its refusal to restore his membership despite the high court giving a stay on the conviction. With this, the Nationalist Congress Party (NCP) leader will be able to attend the ongoing budget session of Parliament.
“In view of order dated 25.01.2023 of the High Court of Kerala, the disqualification of Shri Mohammed Faizal P. P., notified vide Gazette Notification no. 21/4(1)/2023/TO(B) dated the 13 January, 2023 in terms of the provisions of Article 102(1)c) of the Constitution of India read with Section 8 of the Representation of the People Act, 1951, has ceased to operate subject to further judicial pronouncements”, a notification issued by Lok Sabha secretariat said.
The reinstatement of Faizal is expected to have a bearing on Congress leader Rahul Gandhi, who was disqualified under the same rules last Friday after his conviction and a two-year sentence in a criminal defamation case by a court in Gujarat’s Surat. Gandhi’s legal team indicated that they will approach the sessions court in Gujarat this weekend and is hopeful to secure a stay in his conviction. A stay in the conviction can prompt the Lok Sabha secretariat to restore Gandhi’s membership. The Lok Sabha secretariat has asked Gandhi to vacate his official residence in a month. In his reply, Gandhi assured that he will vacate the house within the stipulated time.
On January 11, the Kavaratti district sessions court in Lakshadweep convicted Faizal, along with three others, including his brother, for attacking with an intention to kill a Congress worker during a violence in the island ahead of the 2009 Lok Sabha elections.
But the Kerala high court suspended the conviction. “The ramification of suspending the conviction is enormous and this court is of the view that the conviction and sentence of imprisonment imposed on the accused must be suspended until dismissed with the appeal,” justice Bechu Kurian Thomas noted in his order.
