The Lok Sabha has declared the seat of Lakshadweep MP Mohammed Faizal vacant after the Kerala High Court refused to suspend his conviction in a murder case. Faizal, who belongs to the Nationalist Congress Party (NCP), was sentenced to 10 years of rigorous imprisonment by a sessions court in Lakshadweep for attempting to kill Mohammed Salih, son-in-law of the late union minister P M Sayeed, during the 2009 Lok Sabha elections.
Faizal had challenged the sessions court verdict in the Kerala High Court, which had initially suspended his conviction and sentence on January 25, 2023. However, the Lakshadweep administration appealed against the high court order in the Supreme Court, which set aside the suspension on August 22, 2023.
The apex court observed that the high court order was “erroneous” and remanded the matter back to the high court for fresh consideration. The high court, while hearing Faizal’s plea for suspension of conviction, noted that criminalization of the election process was a matter of grave concern in India’s democratic polity. It said that if those with criminal antecedents were permitted to continue as Members of Parliament/ Legislatures even after conviction by a competent court, “that would only send wrong signals to the public at large”.
The high court also said that the materials before it prima facie indicate the criminal acts on the part of the accused. The high court rejected Faizal’s plea on October 3, 2023, following which the Lok Sabha Secretariat issued a statement on October 4, 2023, announcing his disqualification from the membership of the House from the date of his conviction, i.e., January 11, 2023.
The statement read that Faizal stands disqualified under Section 8 (3) of the Representation of Peoples Act 1951, which bars a sitting legislator who is convicted for an offence and sentenced to a punishment of two or more years from continuing in office unless they can get the order of conviction suspended.
This is the second time Faizal has been disqualified as an MP. He was earlier disqualified on January 25, 2023, days after the sessions court verdict. However, he was reinstated on March 29, 2023, after the high court suspended his conviction and sentence. The Supreme Court had temporarily protected his status as an MP for three weeks from August 22, 2023, saying that there should not be any vacuum with regard to representation of the Lakshadweep Lok Sabha constituency in Parliament.
Faizal had won the Lakshadweep seat in the 2019 Lok Sabha elections by defeating Hamdullah Sayeed of the Congress by a margin of 823 votes. He had also won the seat in 2014 by defeating Sayeed by a margin of 153 votes. He is one of the two MPs from NCP in the current Lok Sabha. The other one is Supriya Sule from Baramati in Maharashtra.
The disqualification of Faizal has triggered a political crisis in Lakshadweep, which has been witnessing protests and unrest since May 2023 over the controversial reforms introduced by administrator Praful Khoda Patel. Faizal had been vocal against Patel’s policies and had raised several issues related to Lakshadweep in Parliament and outside. He had also met Prime Minister Narendra Modi and Home Minister Amit Shah to seek their intervention in resolving the crisis.
The NCP has expressed its solidarity with Faizal and accused Patel and the BJP-led central government of conspiring to oust him from Parliament. NCP chief Sharad Pawar said that Faizal was being targeted for raising his voice against Patel’s “dictatorial” rule and demanded his immediate removal. He also said that NCP will challenge Faizal’s disqualification in court and explore all legal options to restore his rights.
The Congress has also extended its support to Faizal and slammed Patel and the BJP for “murdering democracy” in Lakshadweep. Congress leader Rahul Gandhi said that Faizal was fighting for the rights and dignity of Lakshadweep people and alleged that Patel was trying to destroy their culture and livelihood. He also said that Congress will stand with Faizal and Lakshadweep people in their struggle against Patel’s “tyranny”.
The BJP has defended Patel and welcomed Faizal’s disqualification as a victory of law and justice. BJP leader G Kishan Reddy said that Faizal was convicted by a competent court for a heinous crime and had no moral right to continue as an MP. He also said that Patel was working for the development and welfare of Lakshadweep people and accused Faizal and the opposition parties of spreading misinformation and creating unrest in the island.
The Election Commission of India has not yet announced the date for the by-election to fill the vacant seat of Lakshadweep. The by-election will be a crucial test for the political parties and their stance on the issues concerning Lakshadweep.
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