'Lok Sabha Secretariat quick to disqualify, slow to reinstate', says NCP's Mohammed Faizal
2 min read 24 Mar 2023, 04:31 PM ISTThe former MP is yet to be allowed inside the Lok Sabha despite his conviction being suspended by the Kerala High Court.
PremiumMohammed Faizal, an NCP leader, has expressed his annoyance over the delay in his reinstatement as a Member of Parliament following his disqualification due to a conviction in a criminal case.
Faizal pointed out that the Lok Sabha Secretariat was prompt in disqualifying him and Congress leader Rahul Gandhi but has been slow to reinstate them.
The Law Ministry has recommended the reinstatement of Faizal, an NCP MP from Lakshadweep, after his conviction in an attempted murder case was put on hold by the Kerala High Court.
Faizal was disqualified from the Lok Sabha on January 11, the day of his conviction by a sessions court in Kavaratti, as announced in a notification by the Lok Sabha Secretariat on January 13.
However, despite the Kerala HC order and a subsequent Law Ministry recommendation that he be reinstated, the LS Secretariat is yet to issue an order reinstating him, Faizal said.
The former MP is yet to be allowed inside the Lok Sabha despite his conviction being suspended by the Kerala High Court.
"The Lok Sabha Secretariat without a hitch is quick to disqualify. But they take their own time where reinstatement is concerned, even when the legal position is clear. "Look at how quick they were to disqualify Rahul Gandhi. His conviction and sentencing were barely 24 hours ago," he told PTI.
Faizal said Gandhi would now have to move the High Court in Gujarat to suspend his conviction and if no relief was available from there, then move the Supreme Court.
"He (Gandhi) will have to walk the same route as me," the NCP leader said, adding that he himself was gearing up to move the apex court against the inordinate and inexplicable delay by the LS Secretariat in reinstating him.
"They have been sitting on the file for nearly two months now without a reason. Whenever I make enquiries, they say they will do it shortly. I cannot keep waiting like this. I already lost one session. "I have no option but to move the court," he said.
Earlier, the MP had been convicted by a court in Lakshadweep in January, but the Kerala High Court suspended the conviction and declared his disqualification as a Lok Sabha member as invalid.
The Election Commission had announced by-polls in the MP's constituency, which he challenged in the Supreme Court, resulting in the cancellation of the Commission's order.
Congress leader Rahul Gandhi was convicted and sentenced to two years in jail by a Surat court in a criminal defamation case on Wednesday for his "Modi surname" remark made in 2019.
The next day, the Lok Sabha Secretariat issued a notification stating that his disqualification as a Member of Parliament would be effective from March 23, the day of his conviction.
As per a 2013 verdict by the Supreme Court, any MP or MLA stands disqualified from the time of their conviction if a sentence of two or more years is pronounced.
