The Lok Sabha Secretariat on March 29, 2023, issued notification to restore the membership of Lakshwadeep MP Mohammed Faizal P.P. on the basis of a stay order by the Kerala High Court on an earlier conviction in a criminal case.
“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.
Mr Faizal, belonging to the NCP, had moved Supreme Court stating that even though his conviction in a case of attempt to murder was suspended, his Lok Sabha membership had not been restored.
In his petition before the apex court, Mr. Faizal said the Lok Sabha Secretariat had failed to withdraw the disqualification notification issued against him despite the fact that his conviction was stayed by the Kerala High Court on January 25.
It further claimed that the secretariat’s inaction was in the “teeth of the settled law” that disqualification incurred by a Member of Parliament (MP) under Section 8 of the Representation of the People Act, 1951, ceased to operate if the conviction was stayed by the appellate court under Section 389 of the Code of Criminal Procedure.
The petition said the Election Commission had recalled the by-election press note of January 18, 2023.
Mr. Faizal’s case gained the spotlight amidst the disqualification of Wayanad MP Rahul Gandhi from the Lok Sabha following his conviction in a criminal defamation case.
NCP national spokesperson Clyde Crasto tweeted a copy of the notification, adding that it was a welcome move.
“The disqualification should have been revoked immediately after the Kerala High Court passed an order on January 25 suspending his conviction and sentencing, though late, this is a welcome move,” he wrote in his tweet.
