The Congress leader, Rahul Gandhi has been disqualified as a Lok Sabha member following his conviction and two-year jail sentence in a defamation case on Friday. He left the Lok Sabha when it was adjourned until noon due to protests.
“Shri Rahul Gandhi, Member of Lok Sabha representing the Wayanad Parliamentary Constituency of Kerala stands disqualified from the membership of Lok Sabha from the date of his conviction i.e. 23 March, 2023 in terms of the provisions of Article 102(1)(e) of the Constitution of India read with Section 8 of the Representation of the People Act, 1951,” the Lok Sabha secretariat stated in a notification issued today.
Gandhi was convicted and sentenced to two years in prison on Thursday for his alleged remarks about the surname “Modi.” A Gujarat court granted him bail for 30 days in order for him to appeal the decision.
According to Section 8(3) of the Representation of the People Act, 1951, if a Member of Parliament is guilty of any offence and is punished for at least two years, he is disqualified.
According to some legal experts, Mr Gandhi “automatically” stands disqualified as a member of Parliament because of his conviction and the two-year sentence, while others claimed he could avoid suspension if the verdict is overturned.
According to noted lawyer and BJP MP Mahesh Jethmalani, Gandhi is disqualified under the law, but the verdict must be reported to the Speaker.
Former law minister Kapil Sibal, who previously worked for the Congress, also stated that Gandhi is automatically disqualified as an MP and that simply having his jail sentence suspended is insufficient. According to Gandhi, he could have continued as an MP only if his conviction was stayed.
According to Gandhi’s team, he intends to challenge the local court’s decision before a sessions court. If his appeal for a stay of the order is denied in the lower courts, he will move to the Supreme Court.
The defamation suit stems from Gandhi’s claimed remark at a pre-election rally in Karnataka’s Kolar, “How come all thieves have Modi as the common surname?” A former Gujarat minister filed a complaint accusing him of defaming the whole Modi community.
