Lakshadweep MP membership restored ahead of the SC hearing

Moments before the case came up for hearing in the Supreme Court, Lakshadweep MP Mohammed Faizal's Lok Sabha membership has been restored by Lok Sabha Secretariat on Wednesday.

A notification was issued by the Lok Sabha Secretariat stating that the disqualification of Lakshadweep MP has ceased to operate in view of the Kerala High Court suspending his conviction on January 25.

"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 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", the notification stated.

The MP had moved SC to direct the Lok Sabha secretariat to restore his membership after the Kerala High Court suspended his conviction.

Faizal stood disqualified from the membership of Lok Sabha from January 11, the date of his conviction in an attempt to murder case by a sessions court in Kavaratti, according to a notification issued on January 13 by the Lok Sabha Secretariat.

In his petition filed in the apex court through advocate KR Sasiprabhu, Faizal said the Lok Sabha Secretariat failed to withdraw the notification despite the fact that his conviction was stayed by the high court on January 25.

The decision was taken under the provisions of Article 102 (l) (e) of the Constitution of India read with Section 8 of the Representation of the People Act, 1951.

"Consequent upon his conviction by the Court of Sessions, Kavaratti, Lakshadweep in Sessions case no. 01/2017, Shri Mohammed Faizal P.P., Member of Lok Sabha representing the Lakshadweep Parliamentary Constituency of the Union Territory of Lakshadweep stands disqualified from the membership of Lok Sabha from the date of his conviction i.e. 11 January, 2023 in terms of the provisions of Article 102(l)(e) of the Constitution of India read with Section 8 of the Representation of the People Act, 1951," it said.

The court in Lakshadweep had in January sentenced four people, including Faizal, to 10 years in jail after they were found guilty in an attempt to murder case.