Congress leader Rahul Gandhi was disqualified as member of the Lok Sabha on Friday. His disqualification was notified by the Lok Sabha Secretariat after conviction by a Gujarat court. Rahul was a Member of Parliament from Wayanad constituency in Kerala. He attended the Lok Sabha today, hours before his disqualification was notified.
Why was Rahul Gandhi convicted and how did it lead to his disqualification from Lok Sabha?
Rahul Gandhi was convicted by a Surat Court for a remark made in April, 2019. Rahul had allegedly said, “How come all thieves have Modi as the common surname?”
He faced disqualification after being sentenced to two years in jail in a defamation case filed by BJP MLA and former Gujarat minister Purnesh Modi for the alleged remark. He was granted bail and suspended the sentence for 30 days in order to allow him to appeal in a higher court.
Offences where lawmakers can face disqualification are causing enmity between groups, bribery and impersonation during polls, other electoral offences, offences relating to rape and cruelty to women by husband and latter's relatives, offences under the Protection of Civil Rights Act, Customs Act, Unlawful Activities (Prevention) Act, prevention of Sati, corruption, terrorism and insult to national flag and national anthem etc.
What it means for Rahul Gandhi?
The Congress leader will be unable to contest elections for eight years unless his conviction and sentence are stayed by a higher court. As per the Representation of the People Act (RP Act), a person who has been sentenced to imprisonment of a period of two years or more shall be disqualified “from the date of such conviction”. The person will remain disqualified for a period of six years more after serving the sentence time.
Offences under which lawmakers can face disqualification upon conviction are mentioned in Section 8 of the RP Act. These are divided into several categories. The first category comprises offences that entail disqualification for six years upon any conviction. If a person has just been fined, the 6-year period starts from the date of conviction. In a prison sentence, it begins on the date of conviction, and continues up to six years after release from prison.
After losing his membership, Gandhi will also lose the residential privileges of official accommodation in the Lutyens area. He will have to vacate the 12, Tughlak Lane Bungalow that was allotted to him.
How can he return?
With the Lok Sabha disqualification, the future of Rahul Gandhi in electoral politics rests on getting legal relief. The Election Commission could declare his seat vacant and announce bypolls.
“If Rahul`s sentence is suspended post-conviction by an appeal in court under section 389 of the Criminal Procedure Code, his disqualification from the Lok Sabha can be deferred,” Majeed Memon, a former MP and a legal expert was quoted as saying.
Meanwhile, Rahul’s party Congress is raising the issue that only the President of India can disqualify an MP. However, legal experts opine that Gandhi’s conviction itself set the disqualification in motion.
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(Inputs from PTI)
