In a huge setback for the Congress party, its former president Rahul Gandhi has been disqualified from the Lok Sabha because of his conviction in a 2019 criminal defamation case. The Lok Sabha Secretariat also declared his constituency vacant. The Election Commission can now announce a special election for the seat.
"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," the Lok Sabha Secretariat said in a notification issued today.
Disqualification Process
Section 8(3) of the Representation of the People Act, 1951, says that the moment a member of parliament is convicted of any offence and sentenced for at least two years, she or he attracts disqualification.
Rahul Gandhi case
A court in Gujarat’s Surat yesterday sentenced Rahul Gandhi to two years in jail in the case, filed on a complaint by BJP MLA Purnesh Modi for his alleged remark, “How come all thieves have Modi as the common surname?” The court also granted him bail and suspended the sentence for 30 days to allow him to appeal to a higher court.
Rahul Gandhi can now challenge the decision in court. Congress leaders have questioned the legality of the move, saying it is only the President who can disqualify MPs in consultation with the Election Commission.
Consequences
If the verdict is not cancelled by any higher court, Rahul Gandhi will not be allowed to contest elections for the next eight years.