Supreme Court Petition Challenges Lok Sabha Membership of Lakshadweep MP Mohammed Faizal

On January 25, 2021, the Kerala High Court suspended the conviction of Lakshadweep MP Mohammed Faizal Khan in an attempt to murder case, leading to a plea being moved in the Supreme Court challenging the restoration of his Lok Sabha membership. Lucknow-based Advocate Ashok Pandey filed the plea, which contends that once a member of Parliament or of a state legislature loses his office by operation of law, he will continue to be disqualified until he is acquitted by some higher court.

The petition seeks issuance of a writ of quo warranto, asking MP Faizal Khan to explain under what authority of law he is holding the office of Membership of the Lok Sabha in spite of being disqualified for being chosen as or for being, a member of Parliament in view of provisions contained in article 102 r/w section 8 (3) of the Representation of People Act 1951. The plea also argues that the Supreme Court should decide the issue as to whether the conviction of an accused can be stayed by the court of appeal and whether on the basis of such a stay on conviction, a person who has suffered disqualification, will become qualified to choose as or for being a member of Parliament or State legislature.

The petition further submits that MP Faizal Khan was disqualified by operation of law from the date on which he suffered conviction under section 307 IPC and was sentenced to ten years RI. It also argues that the order of the Speaker was merely a formal order through which the vacancy of the office of membership of Mohammad Faizal Khan from the office Lok sabha was notified.

As per the Supreme Court’s ruling in the case of Lok Prahari vs. Election Commission of India and others (2018), once the conviction of an MP or MLA has been stayed by the appellate court under section 389 of the CrPC, the disqualification under sub-sections 1, 2 and 3 of Section 8 of the Representation of the People’s Act, 1951 will not operate.

The background of the case is that MP Faizal was convicted by a sessions court in Kavaratti and sentenced to 10 years in prison for attempted murder. Following his conviction, he was disqualified by the Lok Sabha Secretariat from the Lower House of Parliament. The disqualification was in terms of Article 102 (1) (e) of the Constitution of India read with Section 8 of the Representation of the People Act 1951. MP Faizal then moved the Kerala HC, wherein his conviction was suspended. However, since his suspension was not revoked by the Lok Sabha, MP Faizal filed a petition in the Supreme Court challenging the refusal of the Lok Sabha Secretariat to withdraw the decision to disqualify him, even after his conviction has been stayed by the High Court. Following this, his membership was restored by the Lok Sabha Secretariat on March 29 ahead of the hearing of his case before the Supreme Court.

The petition filed by the Union Territory of Lakshadweep Administration challenging the High Court’s order suspending Faizal’s conviction in an attempt to murder case is pending before the Supreme Court. The Supreme Court will now have to decide whether the Speaker of the Lok Sabha was right in restoring back MP Faizal Khan’s lost membership, even though he had been disqualified for being chosen as or for being, a member of Parliament in view of provisions contained in article 102 r/w section 8 (3) of the Representation of People Act 1951.

The outcome of this case will be significant as it will determine whether a person who has suffered disqualification, will become qualified to choose as or for being a member of Parliament or State legislature, if their conviction has been stayed by the court of appeal.