Hopes for Rahul Gandhi’s return to Parliament were renewed early Wednesday when the Lok Sabha restored the membership of Lakshadweep MP Faizal, who had been disqualified after being convicted in a case of attempted murder during the 2009 Lok Sabha elections.
The Kerala High Court had stayed his conviction in January, and despite this, the suspension of his Lok Sabha membership had not been revoked.
After Faizal moved the Supreme Court, the Lok Sabha Secretariat withdrew its disqualification notification the following day, reinstating him as a member. The Secretariat acknowledged the stay order and stated that his disqualification was no longer operative, subject to further judicial pronouncements. The Supreme Court is scheduled to hear Faizal’s petition challenging the Secretariat’s failure to withdraw the disqualification notice on March 28.
Flash: Lok Sabha Secretariat restores NCP Leader Mohammad Faisal as Lok Sabha MP, reports @SinghPramod2784 pic.twitter.com/57yolQ3y5Q
— The New Indian (@TheNewIndian_in) March 29, 2023
A notification issued by the Secretariat acknowledged that the Lok Sabha has received intimation regarding the stay order and that his disqualification ceases to be operative subject to further judicial pronouncement. ” In view of order dated 25.01.2023 of the High Court of Kerala, the disqualification of Shri Mohammed al 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)(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 read.
On January 13 this year, the Lok Sabha Secretariat notified Faizal’s disqualification under Section 8(3) of The Representation of the People Act, 1951. This is the same section under which Rahul Gandhi was disqualified in a defamation case. The next day, the Kerala high court had suspended the conviction and sentence.
On January 11, 2023, Faizal and three others were sentenced to 10 years’ rigorous imprisonment and fined Rs 1 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.
Congress leader Rahul Gandhi was disqualified as a member of the Lok Sabha from the date of his conviction by a Surat court in the criminal defamation case on March 23 over his ‘Modi surname’ remark.