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Synopsis

Supreme Court today dismissed a plea seeking quashing of the order passed by Speaker of Lok Sabha on March 29, 2023 through which the lost membership of Mohammad Faizal Khan, the member of Lok Sabha from Lakshadweep, was restored.

A bench of Justices BR Gavai, Aravind Kumar, and Prashant Kumar Mishra came down heavily on the petitioner, a Lucknow based lawyer Ashok Pandey.

You should not be filing frivolous PILs being a lawyer yourself, the bench said while imposing costs of INR 1 lakh.

Khan's membership was restored after the Kerala High Court had stayed his conviction in an attempt to murder case.

In the instant plea Pandey made a reference to the judgment of BR Kapoor vs. State of Tamil Nadu and another, wherein it was held that the disqualification based on conviction and sentence will continue to operate till it is set aside in appeal. 

Relying on Section 8 (3) of the Representation of the People's Act, 1951, Court has been told that a person convicted for any offence and sentenced for imprisonment for two years or more, is disqualified from the date of such conviction.

As per the law laid by the Constitution bench in the matter of BR Kapoor, the disqualification shall continue to operate in its all rigor till it is set aside in appeal and as such a convict which has attracted disqualification on basis of an order of conviction, will continue with his disqualification for being chosen as or from being, a member of Parliament/ State legislature till his conviction is set aside in appeal or a lesser sentence means sentence less than two years is awarded by the appellate court, the plea submits.

Notably, a further prayer was also made for the Supreme Court to take cognizance of the submissions made by the ex-Attorney General and Senior Advocate Mukul Rohtagi and Senior Advocate Abhishek Manu Singhvi and some other advocates that if conviction is stayed by the appellate court, the lost membership of legislator can be restored.

On January 11, 2023 a Sessions Court in Lakshadweep had convicted the NCP MP and three others in an attempt to murder case relating to an incident of 2009. Following the conviction, Faizal, was disqualified.

Later that month, a single bench of the Kerala High Court suspended Faizal's conviction in an attempt to murder case relating to 2009 wherein he was sentenced to three years of imprisonment.

Following this, Khan had moved the Supreme Court seeking permission to attend the Lok Sabha as his conviction in the murder case had been stayed.

In August, a division bench of the Supreme Court had set aside the Kerala High Court order suspending the conviction of Lok Sabha MP from Lakshadweep Mohammed Faizal in an attempt to murder case.

The bench of Justices BV Nagarathna and Ujjal Bhuyan had sent the matter back to the High Court for a fresh decision as well.

Notably, the bench has added that that the benefit of the suspension of conviction will continue till the high court disposes of the application, enabling Faizal to continue as an MP.

Earlier this month, Supreme Court stayed the Kerala High Court's order from last week whereby it had refused to suspend the conviction of disqualified Lakshadweep MP Mohammed Faizal in an attempt to murder case.

Case Title: Ashok Pandey vs. The Speaker of Lok Sabha and Ors.