New Delhi: NCP leader Mohammad Faizal's disqualification from the parliament got revoked on Wednesday, a notification from the Lok Sabha read. The revocation comes ahead of the Supreme Court agreeing to hear a petition filed by the Lakshadweep MP who had sought permission to attend the Lok Sabha, citing his conviction has been stayed.
"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 notification from the Lok Sabha read.
In his latest petition, Faizal challenged the refusal of the Lok Sabha Secretariat to withdraw the decision to disqualify him, even after his conviction has been stayed by the High Court. Senior Advocate Abhishek Manu Singhvi who mentioned the matter before Chief Justice of India DY Chandrachud sought an urgent listing.
Singhvi said the apex court has refused to stay the Kerala High Court's decision, which has suspended Faizal's conviction and the Lok Sabha Secretariat was not inclined to revoke the MP's disqualification.
"Even though the Supreme Court refuses to stay the HC order, which set aside the conviction, he has still not been reinstated in the house", Singhvi said. Chandrachud agreed to list the matter. On January 11, 2023, 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.
Faizal, a two-time MP from the island, lost his membership to the House and the Election Commission of India announced bye-polls to his constituency. On Jan. 25, a single bench of the Kerala High Court suspended Faizal's conviction. While suspending the NCP leader's conviction, Justice Bechu Kurian Thomas of the High Court expressed concerns about the wasteful expenditure of a bye-poll, especially when the term of the Lok Sabha is set to expire within one and a half years. The revocation comes amid the imbroglio over the Opposition holding the government accountable for Rahul Gandhi's disqualification.
