Rahul Gandhi Defamation Case: Rahul Gandhi was disqualified from Lok Sabha as per Lok Sabha Secretariat. Congress leader Rahul Gandhi’s conviction and sentencing by a Gujarat court in a defamation case in 2019 has jeopardised his position as a member of parliament. While some experts believe the conviction automatically disqualifies the Lok Sabha MP from Kerala’s Wayanad, others believe the action can be avoided if he successfully appeals the conviction.
Breaking News | Rahul Gandhi disqualified from Lok Sabha. pic.twitter.com/IvE7loUvBU
— Press Trust of India (@PTI_News) March 24, 2023
Though Mr Gandhi was granted bail and his sentence was suspended for 30 days to allow him to appeal the decision, some legal experts believe the court’s order puts him at risk of automatic disqualification as a member of parliament under the law.
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Section 8(3) of the Representation of the People Act, 1951, states that a member of parliament is disqualified if convicted of any offence and sentenced to at least two years.
According to experts, the Lok Sabha Secretariat can disqualify Rahul Gandhi and declare his constituency vacant based on the Surat court order. The Election Commission will then call a special election to fill the vacancy.
Former Union Law Minister Kapil Sibal, a senior advocate who previously worked for the Congress, also stated that Mr Gandhi’s two-year prison sentence automatically disqualifies him from running for office.
If the verdict is not overturned by a higher court, Rahul Gandhi will be barred from running for office for the next eight years.
A court in Gujarat’s Surat found Congress leader Rahul Gandhi guilty and sentenced him to two years in prison on Thursday in a 2019 criminal defamation case over his remarks about Prime Minister Narendra Modi’s surname. He was granted bail, however, and his sentence was suspended for 30 days to allow him to appeal the decision.
Purnesh Modi, a BJP MLA and former Gujarat minister, filed the case against Mr Gandhi for saying, “How come all thieves have the surname Modi?”
