SC Disposes of Mohammed Faizal’s Plea Against Disqualification from LS After Membership Restored

The Supreme Court on Wednesday disposed of NCP leader Mohammed Faizal’s plea against his disqualification as Member of Parliament in view of Lok Sabha secretariat’s notification restoring his membership.

A bench of Justices KM Joseph and BV Nagarathna took on record the notification of Lok Sabha secretariat restoring the membership of Faizal, who was disqualified from the lower house in January following his conviction in a criminal case with a 10-year jail term.

The bench said that it is leaving the question of maintainability of the plea open.

Senior advocate AM Singhvi, appearing for Faizal, produced the notification before the court and said that now that his membership has been restored, nothing survives in his plea.

“It took two months for the Lok Sabha to revoke his disqualification. It was done on Wednesday morning”, Sinhvi said and handed over the notification to the court.

Solicitor General Tushar Mehta, appearing for the Union Territory Lakshadweep, said that the court may take on record the notification and dispose of the plea.

The bench made it clear that the appeal of Union territory Lakshadweep against the January 25 order of the Kerala High Court will be heard.

Faizal was disqualified from Lok Sabha on January 13, after he and three others were sentenced to 10-year rigorous imprisonment and fined Rs one lakh each by a sessions court in Kavaratti for attempting to murder Mohammed Salih, son-in-law of the late Union Minister P M Sayeed, during the 2009 Lok Sabha elections.

The trial court had on January 11 convicted and sentenced him to 10 years imprisonment in the case.

Later, the high court stayed the conviction and the sentence imposed upon Faizal.

On February 20, the top court had issued notice to Faizal and others on the plea filed by Lakshadweep.

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