Rahul Gandhi disqualified from Lok Sabha

Congress MP Rahul Gandhi has been disqualified from Lok Sabha following his conviction in a felony defamation case. He was disqualified below part 8(3) of the Representation of Peoples Act, 1951, which states that any MP or MLA convicted of any offence and sentenced to imprisonment for not lower than two years shall be disqualified from the date of conviction.

Rahul Gandhi, the Lok Sabha MP from Wayanad in Kerala, has been disqualified with quick impact, as part 8(3) of the Representation of Peoples Act states that an MP or MLA shall be disqualified from the date of conviction, if the jail sentence awarded is 2 years or extra.

The notification

The notification issued by the Lok Sabha secretariate says:

Consequent upon his conviction by the Court of Chief Judicial Magistrate, Surat in C.C./18712/2019, 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 when it comes to the provisions of Article 102(1)(e) of the Constitution of India learn with Section 8 of the Representation of the People Act, 1951.

Apart from the present disqualification, Rahul Gandhi may even not be capable to contest the subsequent normal election, and in addition maybe the 2029 elections, if the conviction will not be overturned by the next courtroom. According to the legislation, the disqualification will proceed for six years after launch from jail.

Therefore, if Rahul Gandhi doesn’t attraction and goes to jail now, he’ll stay disqualified for eight years, 2 years in jail and 6 years after that. If he appeals, which he’ll, as introduced by the Congress get together, it’s going to rely on how lengthy it stays within the courts until the Supreme Court, and what’s the remaining verdict. Theoretically, if Rahul Gandhi doesn’t get aid from the courts as much as Supreme Court, the size of his disqualification will enhance by the point taken within the attraction course of. However, if any subsequent courtroom overturns the decision and even reduces the sentence, his disqualification shall be withdrawn.

Rahul Gandhi was convicted and sentenced to 2 years in jail by the courtroom of Chief Judicial Magistrate in Surat yesterday for his defamatory feedback in opposition to folks with Modi surname in a speech in 2019.

A felony defamation case was filed by Gujarat BJP chief Purnesh Modi after Rahul Gandhi in an election rally had requested why everybody with the Modi surname is a thief, mentioning Nirav Modi, Lalit Modi and Narendra Modi.

It is notable that the Representation of Peoples Act earlier had a provision below part 8(4) which had stated that if the convicted lawmaker appeals in opposition to the conviction, such a lawmaker is not going to be disqualified. But the Supreme Court of India had struck down this provision in 2013.

The UPA-II authorities at the moment had tried to overturn this judgement by bringing an modification, and an ordinance was additionally issued to make it relevant instantly. But Rahul Gandhi himself had objected to this modification, referred to as it a nonsense, and had trashed it in entrance of the media. The modification was withdrawn after this public humiliation of the federal government by its personal chief.