The Lok Sabha Secretariat has issued a notification stating that the disqualification of Lakshadweep MP Mohammed Faizal has ceased to operate in view of the Kerala High Court suspending his conviction on January 25.
The notification by Lok Sabha came ahead of the Supreme Court hearing that had to take place later in the day in the petition filed by the NCP MP challenging the refusal to revoke his disqualification despite the stay on his conviction.
The matter was listed before a bench comprising of Justice KM Joseph and Justice BV Nagarathna today.
As per the notification 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.
It was on January 11, 2023 that a Sessions Court in Lakshadweep convicted the NCP MP and three others to ten years imprisonment in an attempt to murder case relating to an incident of 2009. Following the conviction, Faizal, a two-time MP from the island, was disqualified and the Election Commission of India announced bye-polls.
On January 11, 2023, a Sessions Court in Lakshadweep had convicted the NCP MP and three others to ten years imprisonment in an attempt to murder case relating to an incident of 2009. Following the conviction, Faizal, a two-time MP from the island, was disqualified and the Election Commission had announced by-polls to the constituency.
On January 25, the Kerala High Court had suspended Faizal’s conviction, while expressing concerns over the wasteful expenditure of a by-poll, especially when the term of the Lok Sabha was set to expire within one and a half year.
The Single-Judge Bench of Justice Bechu Kurian Thomas had also noted that no dangerous weapons were found to have been used by the accused in the case and that the wound certificates did not indicate any serious injuries.
Following the suspension of conviction, the Election Commission had decided not to act in furtherance of the press note for by-elections. The Lakshadweep administration had moved the Supreme Court against the High Court order. However on February 20, the Bench of Justice K.M. Joseph and Justice B.V. Nagarathna had refused to stay the High Court order.
In the latest petition, Faizal has contended that the refusal of the Lok Sabha to reinstate him was contrary to the Supreme Court’s decision in Lok Prahari case, which held that once the conviction was stayed, the disqualification would also get suspended.