In a glimmer of hope for Rahul Gandhi’s case, the Lok Sabha Secretariat on Wednesday restored the membership of Lakshwadeep MP Mohammad Faizal after his conviction and sentencing in a criminal case in January was suspended by the Kerala High Court.
Faizal had gone to the Supreme Court asking why his membership had not been restored so far. The Congress was waiting for a decision in Faizal’s case before moving the Sessions Court in Gujarat for a suspension on the conviction and sentencing of Rahul Gandhi in the criminal defamation case. Congress may now cite Faizal’s case in their legal challenge.
Congress is hopeful that a possible suspension on the conviction of Gandhi by the higher court could set aside the order to Gandhi to vacate his official residence in Delhi. The Election Commission on Wednesday also did not announce a bypoll in Wayanad, while it did announce other bypolls.
Incidentally, while Gandhi has been convicted for two years in a criminal defamation case, Faizal was convicted for 10 years in a case of attempted murder. His membership was however not restored for close to two months and the Lok Sabha Secretariat has now acted after he went to the Supreme Court questioning the same.
In an order on Wednesday, the Lok Sabha Secretariat said its disqualification order regarding Faizal has ceased to operate upon receiving intimation from the Kerala High court that his conviction has been suspended on January 25 this year. He was disqualified vide an order of the Lok Sabha Secretariat on January 18, within five days of his conviction on January 13.
Gandhi was similarly disqualified as an MP on March 24 by the Lok Sabha Secretariat, a day after his conviction in a criminal defamation case in Surat. The Congress is still to challenge this legally for a suspension on conviction by the Sessions Court almost a week later. Senior party leaders had said they were waiting for a decision in the Faizal case that will set the tone on how Congress will be approaching the higher court.
Soon after the high court had suspended Faizal’s conviction, the Election Commission had set aside a bypoll announcement it had made for the Lakshwadeep parliamentary seat. This is significant as the ECI on Wednesday has also not announced a bypoll in Wayanad, Rahul Gandhi’s seat.
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