Why not same swiftness in reinstating me: Suspended Lakshadweep MP gets HC all-clear, waits for LS

NCP leader Mohammed Faizal’s conviction in an attempt-to-murder case was stayed by Kerala HC on Jan 25; says “arbitrary” LS Sectt yet to withdraw disqualification

Faizal claimed that “neither the Speaker nor the Lok Sabha Secretariat has cited any reason for the inordinate delay in withdrawing the notification which disqualified him”. (Facebook/Mohammed Faizal Padippura)

As the Congress looks at legal remedies to challenge Rahul Gandhi’s disqualification as MP, Nationalist Congress Party (NCP) leader Mohammed Faizal, whose conviction in an attempt-to-murder case was suspended, alleges that there has been an “inordinate delay” on the part of the Lok Sabha Secretariat in the withdrawal of his disqualification.

Speaking to The Indian Express, Faizal said, “NCP president Sharad Pawar, party leader Supriya Sule and I have petitioned the Lok Sabha Secretariat and the speaker seeking the withdrawal of my disqualification. I have met the Speaker several times. The swiftness in disqualifying me after the Sessions Court verdict has been missing in the withdrawal of the notification after the Kerala High Court stayed the conviction. The Lok Sabha Secretariat’s decision is arbitrary and a violation of my constitutional rights.”

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Faizal claimed that “neither the Speaker nor the Lok Sabha Secretariat has cited any reason for the inordinate delay in withdrawing the notification which disqualified him”. “I am still out of Parliament. This delay in reinstating me as a MP is worrying as well as surprising.”

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Faizal said the decision on Rahul made “things very clear”. “The government wants to annihilate the Opposition and its members one after another. That is why they don’t want to see me back in the Opposition benches of the Lok Sabha. Each time I enquire at the Lok Sabha Secretariat, officials say the file is with the Speaker. They tell me that a decision would be taken soon. But, two months have elapsed,’’ he said.

On January 11, a Sessions Court in Lakshadweep’s Karavatti convicted Faisal in an attempt-to-murder case and ordered a 10-year sentence.

Two days later, the Lok Sabha Secretariat issued a notification disqualifying him. On January 18, the Election Commission declared a by-poll for the Lakshadweep seat. However, on January 25, the Kerala High Court suspended Faizal’s conviction. It noted that the 2024 Lok Sabha elections were only “one-and-a-half years away” and that a “bypoll at this juncture would lead to wasteful expenditure”.

Faizal had also challenged the EC’s by-election notification, but it was disposed of against the backdrop of the High Court verdict. The EC had then informed the apex court that it would take action as per the law and dropped the decision for a bypoll. The Union Territory of Lakshadweep had appealed to the Supreme Court against the High Court’s decision. However, on February 20, the apex court refused to stay the verdict and posted the petition to March 28.