Vineet Jindal urges Om Birla to disqualify Rahul Gandhi as MP

Hours after Rahul Gandhi was convicted in a legal defamation case by a Surat court docket and sentenced to 2 years in jail, advocate Vineet Jindal wrote to Lok Sabha speaker Om Birla in search of disqualification of the Congress MP Rahul Gandhi. Rahul Gandhi is a member of Lok Sabha and represents the Wayanad constituency of Kerala. On twenty third March 2023, Rahul Gandhi was convicted by a court docket in surat in a legal case of defamation booked in opposition to him in 2019 for his remarks in opposition to Modi’s surname in certainly one of his speeches through the campaigning for the 2019 Lok Sabha elections.

@vineetJindal19 ADVOCATE & SOCIAL ACTIVIST FILED COMPLAINT WITH SPEAKER LOK SABHA SEEKING DISQUALIFICATION OF #RAHULGANDHI, M.P LOK SABHA UNDER SECTION 8 (3) OF THE REPRESENTATION OF THE PEOPLE ACT, 1951. #RahulGandhi #Congress #Surat ##VineetJindal @ANI @PTI_News @ians_india pic.twitter.com/LQBnrPvW1v

— Adv.Vineet Jindal (@vineetJindal19) March 23, 2023

In his letter to the Lok Sabha speaker, advocate Vineet Jindal wrote, “I am seeking disqualification of Mr. Rahul Gandhi, MP Lok Sabha as a court in Gujarat’s Surat city, on 23.03.2023, convicted Congress MP Rahul Gandhi in a criminal defamation case against him over his alleged Modi surname remark. Surat court after completing the trial in a Defamation complaint filed by one of the MLAs of Gujarat assembly convicted Rahul Gandhi for a 2-year sentence in jail under section 504 of IPC.”

Advocate Vineet Jindal additional mentioned in his letter, “As per Section 8 (3) of the Representation of the People Act, 1951: MP/MLA convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of conviction. Section 8(3) of the Act defines any member MP/MLA convicted of any offence and sentenced to imprisonment for two or more years shall be disqualified from the date of conviction, from the definition of the above section of the act Mr. Rahul Gandhi shall be declared disqualified from the membership of the Lok Sabha from today itself. By the present complaint, I am requesting the Hon’ble speaker to issue orders to declare Mr.Rahul Gandhi as disqualified as a member of the Lok Sabha from immediate effect.”

On twenty third March 2023, Surat District Court held Congress chief and Wayanad MP Rahul Gandhi responsible in a legal defamation case filed in opposition to him over his remarks insulting the Modi surname. During an election rally in 2019, Rahul Gandhi alleged that everybody with the Modi surname, together with Nirav Modi, Lalit Modi, and Narendra Modi, are thieves.

A case was filed in opposition to Rahul Gandhi by Gujarat BJP chief Purnesh Modi for making derogatory feedback in opposition to the Modi group in Gujarat. During an election rally within the run-up to the 2019 elections, Rahul Gandhi mocked a complete group by saying, “Nirav Modi, Lalit Modi, Narendra Modi… how come they all have Modi as a common surname? How come all thieves have Modi as a common surname?”

Bharatiya Janata Party MLA from Surat Purnesh Modi had filed a grievance in opposition to the Congress chief for defaming your complete Modi group. Former Congress President Rahul Gandhi was booked below Sections 499 and 500 of the Indian Penal Code, which take care of legal defamation.

The court docket discovered Rahul Gandhi responsible of the identical and sentenced him to 2 years in jail whereas giving him a month to enchantment in opposition to the decision. The court docket additionally saved the sentence suspended until he recordsdata an enchantment. Following this judgement, speculations are actually being made about Rahul Gandhi’s possible disqualification from membership within the decrease home of the parliament. Now, advocate Vineet Jindal has written a grievance to the Lok Sabha speaker on this regard.

It is notable that as talked about by Jindal, Rahul Gandhi might be disqualified from Lok Sabha in line with part 8(3) of the Representation of the People Act, 1951. According to this part, 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. The Act had a provision below part 8(4), which had allowed convicted MPs, MLAs, and MLCs to proceed of their posts, offered they appealed in opposition to their conviction/sentence in larger courts inside 3 months of the date of judgment. However, this part was struck dow bythe Supreme Court in 2013.

Moreover, the UPA authorities at the moment had tried to overturn this judgement by bringing an modification to the legislation, and had additionally promulgated an ordinance to make it efficient instantly. But Rahul Gandi had famously trashed it. He had known as the modification nonsense and had torn down a replica of the identical, inflicting large embarrassment for the Manmohan Singh authorities.