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Lok Sabha membership of Lakshadweep MP Mohammad Faizal restored

jaswant singhbyjaswant singh
March 29, 2023
The Supreme Court said to the disqualified MP of Lakshadweep – which fundamental right was violated?

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New Delhi, March 29 (). Nationalist Congress Party’s Lok Sabha MP from Lakshadweep, Mohammad Faizal, has been reinstated as a Lok Sabha member.

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Mohammad Faizal was convicted in January this year after being convicted of attempt to murder and sentenced to 10 years imprisonment under the provisions of Article 102 (1) (e) of the Constitution of India and Section 8 of the Representation of the People Act, 1951. He was disqualified from the membership of the Lok Sabha. But now his Lok Sabha membership has been restored citing the stay of his sentence by the High Court.

In the notification issued by Lok Sabha Secretary General Utpal Kumar Singh regarding the restoration of the membership of Mohammad Faizal, it has been said that in view of the order passed by the Kerala High Court on January 25, the Lok Sabha membership of Mohammad Faizal is restored.

Let us tell you that, in Case No. 01/2017, the Sessions Court of Kavaratti, Lakshadweep, Mohd. Faizal P.P., representing the Lakshadweep parliamentary constituency of the Union Territory, was sentenced on 11 January 2023. Citing this conviction, the Lok Sabha Secretariat issued a notification on January 13, as per rules, disqualifying him from the membership of the Lok Sabha from the date of his conviction and sentence by the court i.e. January 11, 2023.

However, later on the petition of Mohammad Faizal, the Kerala High Court stayed his sentence on 25 January. Even after this ban, when his Parliament membership was not reinstated, he approached the Supreme Court. But even before the hearing in the Supreme Court, the Lok Sabha Secretariat reinstated his membership of Parliament.

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The case is also considered important for Rahul Gandhi as he has been stripped of his Lok Sabha membership after the court sentenced him to two years in prison. In such a situation, now if Rahul Gandhi goes to the higher court for a stay on the sentence and if the court gives a verdict in his favor, then the possibility of his Lok Sabha membership being restored has also increased.

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