Lakshadweep MP Mohammed Faizal’s Lok Sabha membership restored

Mangalore Today News Network

New Delhi, March 29, 2023: In the middle of a huge political row over Rahul Gandhi’s disqualification after a Gujarat court sentenced him to two years in jail, the Lok Sabha membership of Lakshwadeep MP Mohammed Faizal was restored today after his conviction in a criminal case was put on hold.

Sources say Rahul Gandhi’s legal team may cite this example before a higher court to try and get a stay on his conviction and restore his Lok Sabha membership.

Rahul Gandhi’s petition challenging his conviction by a court in Gujarat’s Surat may be filed today or tomorrow in a sessions court, sources said.

The Congress says it is prepared for a legal fight if the Election Commission announces dates for bypolls in Wayanad, the constituency that falls vacant after Rahul Gandhi’s disqualification.

Mohammed Faizal, an MP of the Nationalist Congress Party (NCP) of Sharad Pawar, was sentenced to 10 years in prison in a case of attempt to murder. He was automatically disqualified from parliament after his conviction.

The sentence was stayed by the Kerala High Court in January.

Mr Faisal challenged the Lok Sabha secretariat’s "unlawful action" in not withdrawing his disqualification as an MP, more than two months after his sentence was put on hold.

Mr Faisal claims that a false case was registered against him in 2016 over allegations of an attempt to murder a relative of former Union Minister PM Sayeed during the 2009 elections.

The NCP leader was elected to the Lok Sabha in 2019, in the middle of his trial. He was sentenced to 10 years in prison along with three others on January 11. Two days later, the Lok Sabha Secretariat sent him a disqualification notice.

On January 18, the Election Commission announced polls to Mr Faisal’s Lakshadweep seat on January 27. Two days before the polls, the Kerala High Court suspended Mr Faisal’s sentence, forcing the Election Commission to withhold the byelection.

On January 30, Sharad Pawar met with Lok Sabha Speaker Om Birla, to request him to revoke his party leader’s disqualification.

The Congress is anticipating a legal battle for Wayanad if the Election Commission announces dates today, even before a decision on Rahul Gandhi’s challenge.

The Representation of the People Act, 1951, says that anyone convicted of an offence and sentenced to imprisonment for two years or more stands disqualified.

The rule was invoked when Rahul Gandhi was held guilty by the Surat court in a defamation case linked to his "Modi surname" comments.