Ahead of Supreme Court hearing, Lok Sabha restores membership of Lakshadweep MP Mohammed Faizal. The Nationalist Congress Party leader was suspended following his conviction in a muder case.
The matter was listed for hearing on Wednesday before a bench of Justices KM Joseph and BV Nagarathna. Before the hearing, however, the Lok Sabha secretariat issued a gazette notification restoring Faizal’s membership.
In a notification, the Lok Sabha secretariat said that MP's membership is being reinstated based on a Kerala High Court order of January this year which stayed his conviction.
Notification issued by Lok Sabha secretariat
"The High Court of Kerala at Ernakulam has passed an order on January 25, 2023, suspending the conviction and sentencing of Shri Mohammed Faizal PP, Member of Lok Sabha representing the Lakshadweep Parliamentary Constituency of the Union Territory of Lakshadweep, which was ordered by the Judgment dated January 11, 2023 of the Court of Sessions, Kavaratti, Lakshadweep," the notification read.
"In view of order dated January 25, 2023 of the High Court of Kerala, the disqualification of Shri Mohammed Faizal PP, notified vide Gazette Notification no. 21/4(1)/2023/TO(B) dated January 13, 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 further said.
Why did Faizal move Supreme Court?
NCP leader Mohammed Faizal PP had moved Supreme Court when his membership to Lok Sabha was not reinstated despite Kerala High Court's staying his conviction and sentence in a murder case.
10-year sentence for murder
Faizal was sentenced to a 10-year jail term by Lakshadweep court for a murder. He challenged the order in HC which stayed the conviction.
Effect on Gandhi scion, Rahul's disqualification
The legal luminaries were waiting to contest the disqualification of Rahul Gandhi, using the top court's ruling, but they shall have to now focus on suspension of his conviction and sentence by the higher court, sessions court of Surat in the instant case, to move the Lok Sabha secretariat to reverse his disqualification.
Under what law was Faizal disqualified?
According to Section 8(3) of the Representation of the People Act, 1951, if an MP, MLA or MLC is convicted of any offence and is sentenced for at least two years, he attracts disqualification and “shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release”.
However, if the legislator is able to get the conviction and sentence suspended within 30 days, their disqualification is reversed.
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