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NEW DELHI: While the jury is still out on whether Congress leader Rahul Gandhi’s conviction in a 2019 defamation case leaves him “automatically” disqualified from Lok Sabha, or if it needs a notification from the Lok Sabha Secretariat for the disqualification to be formalised, Lakshadweep MP PP Mohammed Faisal is still awaiting entry into the lower House, even though the Kerala HC stayed his conviction and 10-year sentence on January 25.
Faisal was convicted and sentenced by a lower court on January 11. A Lok Sabha notification on January 13 announced his disqualification from the house with retrospective effect from the date of conviction. The Kerala HC , however, stayed Faisal’s sentencing and conviction on January 25.
Faisal challenged the EC ’s decision to announce bypolls in his constituency in Supreme Court. The apex court also asked for cancellation of the EC order. Following this, the law ministry recommended reinstatement of the MP.
Speaking to TOI, Faisal said that as per the latest SC order, if conviction automatically results in disqualification, a stay order should also result in automatic revocation of disqualification.
“However, despite the High Court order, in my case, the file has been pending in the Speaker’s office and the LS secretariat has not issued any notification revoking my disqualification from the House,” Faisal added.
With no order from the LS secretariat on whether he still qualifies as an MP, Faisal said he has been coming to the Parliament every day, but has not been allowed to attend the proceedings, despite multiple appeals to the speaker.
Faisal was convicted and sentenced by a lower court on January 11. A Lok Sabha notification on January 13 announced his disqualification from the house with retrospective effect from the date of conviction. The Kerala HC , however, stayed Faisal’s sentencing and conviction on January 25.
Faisal challenged the EC ’s decision to announce bypolls in his constituency in Supreme Court. The apex court also asked for cancellation of the EC order. Following this, the law ministry recommended reinstatement of the MP.
Speaking to TOI, Faisal said that as per the latest SC order, if conviction automatically results in disqualification, a stay order should also result in automatic revocation of disqualification.
“However, despite the High Court order, in my case, the file has been pending in the Speaker’s office and the LS secretariat has not issued any notification revoking my disqualification from the House,” Faisal added.
With no order from the LS secretariat on whether he still qualifies as an MP, Faisal said he has been coming to the Parliament every day, but has not been allowed to attend the proceedings, despite multiple appeals to the speaker.
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