Rahul Gandhi of the Congress Party has been disqualified as a Member of the Lok Sabha as of the date of his conviction in the 2019 criminal defamation case. Rahul Gandhi, of the Congress party, has been barred from serving in the Lok Sabha as of March 23, the date of his conviction in the criminal defamation case involving his remark about the “Modi surname.”
“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 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,”according to the Lok Sabha Secretariat’s notice.
Rahul Gandhi – Congress MP from Wayanad, Kerala – disqualified as a Member of Lok Sabha following his conviction in the criminal defamation case over his ‘Modi surname’ remark. pic.twitter.com/SQ1xzRZAot
— ANI (@ANI) March 24, 2023
What does the law see on the disqualification of MLAs/MPs?
According to the complaint, MP/MLAs who are convicted of any crime and receive sentences of at least two years in jail are automatically banned from holding elective office as of the date of their conviction in accordance with Section 8 (3) of the Representation of the People Act of 1951.
Kapil Sibal, a renowned barrister and former member of the Congress party, also stated that Gandhi’s two-year prison sentence disqualifies him from serving as an MP, “If it (the court) only suspends the sentence, that’s not enough. There has to be a suspension or stay of conviction. He (Rahul Gandhi) can stay on as a member of parliament only if there is a stay on the conviction,” Sibal told a TV channel. Congress leader Rahul Gandhi will also be prohibited from running for office for the following eight years, according to Sibal, if the high court doesn’t reverse the judgement. In the meantime, Rahul Gandhi’s legal team is attempting to get the judgement overturned at a sessions court.