NEW DELHI, Mar 29:
NCP leader Mohammad Faizal P P was back in the Lok Sabha on Wednesday as his disqualification from the lower house was revoked after over 10 weeks and hours ahead of the hearing in the Supreme Court on his petition in the matter.
Lok Sabha Secretary General Utpal Kumar Singh issued a notification restoring the membership of Faizal, who represents Lakshadweep in the lower house, citing the suspension of his conviction and 10-year jail term by the Kerala High Court in an attempt to murder case.
The decision came against the backdrop of Rahul Gandhi’s disqualification from Lok Sabha following his conviction in a criminal defamation case with a two-year jail term by a trial court in Gujarat. Gandhi is yet to appeal to a higher court against the verdict.
The NCP welcomed the revocation of Faizal’s suspension but expressed strong displeasure over the delay by the Lok Sabha Secretariat.
Faizal was disqualified from Lok Sabha on January 13, after he and three others were sentenced to 10-year rigorous imprisonment and fined Rs one lakh each by a sessions court in Kavaratti for attempting to murder Mohammed Salih, son-in-law of the late Union Minister P M Sayeed, during the 2009 Lok Sabha elections.
“It was not expected from the Lok Sabha Secretariat. The Election Commission had put the notification on the bypolls on hold after the high court suspended my conviction but the other constitutional body was sitting on the files. This was not fair on behalf of the Lok Sabha Secretariat,” Faizal told reporters here.
Faizal, who was present in the Lok Sabha on Wednesday, said he had to approach the Supreme Court to get himself reinstated. He also met Lok Sabha Speaker Om Birla along with NCP floor leader Supriya Sule.
“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 had moved the Supreme Court on Tuesday seeking revocation of his disqualification from Lok Sabha contending that the Kerala High Court stayed his conviction in the attempt-to-murder case.
“The disqualification should have been revoked immediately after the Kerala High Court passed an order on January 25 suspending his conviction and sentencing , though late, this is a welcome move,” said NCP national spokesman Clyde Crasto.
NCP chief Sharad Pawar had met Birla on January 30 and requested him to revoke the suspension of the two-term member from Lakshadweep.
After the disqualification, the Election Commission had on January 18 announced byelections to the Lakshadweep parliamentary seat.
However, on January 30, it decided to “withhold the bye-election” after the Kerala High Court decision. (PTI)
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