A plea has been moved in the Supreme Court challenging the reinstatement of Lakshadweep MP Mohammed Faizal Khan’s Lok Sabha Membership.
His membership was reinstated in March after the Kerala High Court suspended his conviction in an attempted murder case on January 25, 2023.
The petition, filed by Lucknow-based Advocate Ashok Pandey, claims that once a member of Parliament or a state legislature is disqualified by operation of law under Articles 102, 191 of the Constitution r/w Section 8 (3) of the Representation of People Act 1951, he will remain disqualified until a higher court acquits him of the charges leveled against him.
Against this backdrop, the plea contends that MP Faizal Khan lost his membership after being convicted under Section 307 IPC (attempt to murder) and sentenced to ten years in prison, the Lok Sabha Speaker was wrong to restore his lost membership.
In this case
MP Faizal was convicted of attempted murder by a sessions court in Kavaratti and sentenced to ten years in prison. Following his conviction, the Lok Sabha Secretariat barred him from serving in the Lower House of Parliament.
The disqualification was based on Article 102 (1)(e) of the Indian Constitution and Section 8 of the Representation of the People Act 1951. The 1951 Act states that if a person is convicted and sentenced to imprisonment for two years or more, he will be disqualified for a period of six years after his release.
Following that, Faizal moved the Kerala High Court to have his conviction overturned. However, because his suspension was not revoked by the Lok Sabha, MP Faizal filed a petition in the Supreme Court challenging the Lok Sabha Secretariat’s refusal to withdraw the decision to disqualify him, even though his conviction had been stayed by the High Court. Following this, the Lok Sabha Secretariat reinstated his membership on March 29 ahead of the Supreme Court hearing in his case.
A petition filed by the Union Territory of Lakshadweep Administration challenging the High Court’s order suspending Faizal’s conviction in an attempt to murder case is pending before the Apex Court.
