Ahead of the Supreme Court hearing on a petition by Nationalist Congress Party or NCP's Lakshadweep MP Mohammed Faizal, the Lok Sabha secretariat revoked its order on his disqualification.
Faizal was disqualified following a 10-year jail term in an attempt to murder case, but the Kerala high court stayed his conviction on January 25.
"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 13th January, 2023 in terms of the provisions of Article 102(1)(e) 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," the Lok Sabha Secretariat notification said.
Faizal stood disqualified from the membership of Lok Sabha from January 11, the date of his conviction in an attempt to murder case by a sessions court in Kavaratti, according to a notification issued on January 13 by the Lok Sabha secretariat.
{{/usCountry}}Faizal stood disqualified from the membership of Lok Sabha from January 11, the date of his conviction in an attempt to murder case by a sessions court in Kavaratti, according to a notification issued on January 13 by the Lok Sabha secretariat.
{{/usCountry}}In his petition filed in the apex court through advocate KR Sasiprabhu, Faizal had earlier told the Supreme Court that the Lok Sabha secretariat failed to withdraw the notification despite the fact that his conviction was stayed by the high court.
On Tuesday, the Supreme Court, while hearing the plea of Faizal, asked which right of the petitioner is being violated during his suspension as an MP.
A bench of justices KM Joseph and BV Nagarathna asked Faizal's lawyer which of his fundamental rights was violated.
Faizal's lawyer responded that the "The right to represent his constituency", to which the court asked, "Is that a fundamental right?"
He told the court that the Speaker has not allowed the parliamentarian to sit in the Parliament. He also urged that the speaker should withdraw his order of disqualification.
(With inputs from agencies)