The Lok Sabha Secretariat has withdrawn the disqualification of Lakshadweep MP PP Mohammed Faizal, who was disqualified from the house with retrospective effect from the date of his conviction by a lower court on January 11. However, on January 25, the Kerala High Court had stayed his conviction and 10-year sentence, and his membership was not restored despite the stay.
Faizal had filed a petition seeking the restoration of his membership, which was to be heard by the Supreme Court of India. In his petition, Faizal claimed that the Lok Sabha Secretariat failed to withdraw the notification of his disqualification despite the fact that his conviction was stayed by the high court.
The plea said that disqualification incurred by an MP under section 8 of the Representation of the People Act, 1951, ceases to operate if the conviction is stayed by an appellate court under section 389 of the Code of Criminal Procedure.
The Lok Sabha Secretariat had not revoked the disqualification notification despite various representations, and Faizal was denied participation in the Budget Session of Parliament as well as the ongoing session. The apex court issued a notice to Faizal and others on the plea filed by Lakshadweep on February 20.
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