Lok Sabha revokes disqualification of Lakshadweep MP Mohammad Faizal

Faizal, who represents Lakshadweep, had moved the Kerala High Court against the sessions court order and obtained a suspension of his conviction and sentence

Days after he approached the Supreme Court, Lok Sabha Secretariat on Wednesday restored the membership of NCP leader Mohammad Faizal PP in the Lower House but only two months after his conviction in an attempted murder case was stayed.

Faizal represents Lakshadweep and had obtained a suspension of his conviction and sentence in the case on January 25. An elated Faizal told DH that he has been trying hard to restore his membership for the past two months, which ideally should have been automatic as per law, and it was sad that he had to approach the apex court.

This comes days after the Lok Sabha Secretariat issued a notification disqualifying Congress leader Rahul Gandhi following his conviction in a defamation case, a move that had brought Opposition parties together and intensified the protests against Narendra Modi government.

Read | ‘Which fundamental right is violated,' SC to disqualified Lakshadweep MP on plea to get back LS membership

According to the notification, "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."

Faizal met Lok Sabha Speaker Om Birla after the notification was issued and thanked him. "It was sad that I had to wait this long. It should have been automatic. I don't know why it got this late. I also had to approach the court on March 25 and only after that this notification came," he said.

"This delay in revoking my membership is not appreciated. The Secretariat took the decision of disqualifying me, the very next day my conviction was declared, at least that swiftness should have been shown for revoking my membership," he said.

The Secretariat's action comes ahead of a Supreme Court hearing on the petition filed by Faizal against the delay in restoring his membership. The Supreme Court had in 2017 made it clear that if a higher court suspends the conviction and sentence, then the disqualification of a lawmaker will also remain suspended.

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Faizal was disqualified from Lok Sabha on January 13 after a sessions court sentenced him and three others to a 10-year rigorous imprisonment and a fine of Rs one lakh each for attempting to murder Mohammed Salih, son-in-law of the late Union Minister P M Sayeed, during the 2009 Lok Sabha elections.

After the High Court suspended his conviction on January 25, Faizal expected an immediate notification from Lok Sabha Secretariat but there was a delay despite he writing at least twice to Lok Sabha Speaker Om Birla and his party leaders Sharad Pawar and Supriya Sule intervening on his behalf.

The Election Commission within five days of his disqualification announced bypolls to Lakshadweep but withheld it on January 30 after the High Court order.