• By Nikhil Singh
  • Fri, 24 Mar 2023 03:56 PM (IST)
  • Source:JND
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LOK SABHA Secretariat announced on Friday that senior Congress leader Rahul Gandhi is no longer a member of Parliament since he has been convicted in a criminal defamation case for his 2019 comments on the Modi surname. The case was filed by former Gujarat Cabinet Minister Purnesh Modi. A Surat court has sentenced him to two years of imprisonment, which is the threshold required for disqualification from the Parliament.

Dropping a hint of what is to come, Congress spokesperson Jairam Ramesh said, according to ANI, “We will fight this battle both legally & politically. We will not be intimidated or silenced. Instead of a JPC into the PM-linked Adani MahaMegaScam, Rahul Gandhi stands disqualified. Indian Democracy Om Shanti”.

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The Supreme Court judgement in the Lily Thomas vs Union of India case has held that any member of Parliament, member of the Legislative Assembly, or Legislative Council shall stand disqualified if he or she is convicted for more than two years. The Representation of People Act states that a representative “convicted of any offence and sentenced to imprisonment for not less than two years [other than any offence referred to in sub-section (1) or sub-section (2)] shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release”.

However, Rahul Gandhi does have at least one option available to him. He may get a higher court to put a stay on the conviction in the case. The Surat court that delivered the judgement in the criminal defamation case had also stayed the sentence till the appeal period, as sought by Gandhi’s lawyers. He was granted a 30-day bail but the stay is not on the conviction, just the sentence.

There is a precedent that could come in handy for the Gandhi family scion. On January 13, a special court convicted Nationalist Congress Party MP Mohammad Faizal in an attempt to murder case. However, he was able to get the Kerala High Court to stay the conviction and hence his disqualification was also cancelled. The Election Commission of India had already announced a by-poll for the Lakshadweep constituency but had to rescind the order after Kerala High Court’s stay.

For now, the Lok Sabha Secretariat has announced that the Wayanad constituency - represented by Rahul Gandhi - remains vacant.

 

(With agency inputs)