LS Secretariat revokes Lakshadweep MP Mohammed Faizal’s disqualification ahead of SC hearing

Just ahead of the Supreme Court hearing Lakshadweep MP PP Mohammed Faizal’s petition, the Lok Sabha Secretariat on Wednesday withdrew his disqualification. The apex court was scheduled to hear his petition seeking the restoration of his membership.

In the letter from the Lok Sabha Secretariat dated March 29, the secretary general notes that the “High Court of Kerala at Ernakulam has passed an order suspending the conviction and sentencing” of Faizal. In view of this order, the disqualification of Faisal as ‘ceased to operate subject to further judicial pronouncements’.

The NCP leader and four others including his brothers were sentenced to 10 years in jail in a case of attempt to murder. The District and Sessions Court in Kavaratti had imposed a fine of Rs 1 lakh each on those convicted in the case registered against them in 2009.

The case stated that the MP and others attacked Padanath Salih, son-in-law of former Union Minister P M Sayeed, when they had reached their neighbourhood for sorting out a political issue during the 2009 Lok Sabha polls.

Faisal was convicted and sentenced by a lower court on January 11. A Lok Sabha notification on January 13 announced his disqualification from the house with retrospective effect from the date of conviction. The Kerala High Court’s single bench of Justice Becchu Kurian had stayed his conviction and 10-year sentence on January 25.

On January 18, the Election Commission had announced the bypoll to the Lakshadweep Lok Sabha seat, which was scheduled to be held along with the Assembly elections in the Meghalaya and Nagaland.

Faizal had approached the Supreme Court against this announcement. The EC on January 30 withheld the bypoll to Lakshadweep Lok Sabha seat. “After considering the matter and having due regard to the order passed by Hon’ble High Court of Kerala at Ernakulam dated 25th January, 2023, the Election Commission of India has decided to withhold the bye election and to defer the issuance of notification for holding the bye election in Lakshadweep (ST),” ECI had said in a statement.