The notice was issued considering the 25 January, 2023, order of the Kerala High Court which suspended Faizal's conviction.
Lakshadweep MP Mohammad Faizal signing the attendance sheet of Lok Sabha on the day he was reinstated as an MP. (Supplied)
The Lok Sabha Secretariat, on Wednesday, 29 March, revoked the disqualification of the Lakshadweep MP Mohammad Faizal over his conviction in an attempt to murder case.
The secretariat’s notice was issued considering the 25 January, 2023, order of the Kerala High Court which suspended the conviction and sentence of Faizal, which was pronounced by a sessions court in Kavaratti, Lakshadweep.
“In view of order dated 25.01.2023 of the High Court of Kerala, the disqualification of Mohammad Faizal PP, 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,” said Lok Sabha Secretary General Utpal Kumar in the order.
“I am happy that the Lok Sabha has reinstated my membership. As the popular saying goes, it’s better late than never,” Faizal told South First after his reinstatement.
Faizal also attended the Lok Sabha session on Wednesday.
While the disqualification order was issued on 13 January, just three days after the Kavaratty court convicted him, the order revoking the disqualification came over two months after the Kerala High Court suspended his conviction — and more than a month after both Faizal and his party leader wrote to the Lok Sabha Secretariat over its delay in setting aside his disqualification.
The Lok Sabha Secretariat’s order came on a day the Supreme Court had listed a plea by Faizal against the delay in reinstating his membership of the Lok Sabha. A petition filed by the Lakshadweep administration against the high court order suspending his conviction and sentence was also listed for Wednesday.
The order issued by Lok Sabha Secretariat.
The Supreme Court bench had, on Tuesday, asked Faizal why he did not approach the Kerala High Court under Article 226. The lawyer representing Faizal replied that the top court is already seized of the petition filed by the Lakshadweep Administration against the high court’s stay on conviction
The bench then agreed to hear the matter on Wednesday.
In the wake of his reinstatement, Senior Advocate AM Singhvi, appearing for Faizal, said, “The Lok Sabha today issued a notice that the disqualification has ceased to operate. It took them two months. The petition can be dismissed in view of this letter.”
After hearing the arguments on the petition filed by the UT administration against the high court order, the apex court listed it to 24 April for further hearing.
The Nationalist Congress Party (NCP) leader had earlier written to the Speaker of the Lok Sabha, on 24 February, seeking to revoke the notification that disqualified him.
Supriya Sule, NCP leader in the Lok Sabha, also wrote to the Speaker on 23 February asking for his reinstatement.
Faizal, who was elected from Lakshadweep, was disqualified from the Lok Sabha after a conviction in an attempt to murder case by a sessions court in Kavaratti on 10 January.
The Lok Sabha disqualified him on 13 January with effect from the date of conviction. He soon moved the Kerala High Court which, on 25 January, suspended the conviction, paving the way for his return to Parliament.
The Lakshadweep administration, however, filed an appeal in the Supreme Court against the Kerala High Court order, seeking a stay.
But the Supreme Court upheld the high court order on 20 February.
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