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The Congress leader Shri Rahul Gandhi was disqualified as a Member of Parliament

Team SoOLEGAL 31 Mar 2023 10:00am

The Congress leader Shri Rahul Gandhi was disqualified as a Member of Parliament

Introduction

The Congress leader Shri Rahul Gandhi was disqualified as a Member of Parliament following his conviction and sentencing.

In its notification, the Lok Sabha Secretariat stated that Shri Gandhi is disqualified as of March 23, the date he was convicted and sentenced.

While the disqualification of Shri Gandhi has political implications, it also has legal arguments and precedents. The most important political implication is for the Congress party's future, as the face of the party's first family is no longer a Member of Parliament and will be out of electoral politics for the foreseeable future.

Here, we discuss the Lok Sabha Secretariat order, the legal framework surrounding lawmakers' disqualification, and whether Shri Gandhi will run in the 2024 elections.

Background

In 2019, Congress Leader Shri Rahul Gandhi during Lok Sabha Elections made the alleged comment taking a jibe at Prime Minister Shri Narenda Modi while campaigning in the Kolar’s City of Karnataka. He made a derogatory remark that “how come all the thieves have Modi as the common surname. Aggrieved by this, the case was filed against Shri Gandhi for his alleged remarks a complaint was lodged by BJP Member of Legislative Assembly and former Gujarat Minister Shri Purnesh Modi under Sections 499 and 500 of the Indian Penal Code. The complainant also claimed that the remark made at the rally in Kolar, Karnataka was controversial and, defamed the entire Modi community.

After finding him guilty under Sections 499 (Defamation) and 500 (punishment for Defamation) of the Indian Penal Code, the Court of Chief Judicial Magistrate HH Varma sentenced him to two years in jail and imposed a fine of Rs. 15,000.

Though the Court suspended his sentence and granted him bail in the case so that he could file an appeal within 30 days, his conviction was not suspended, which is required for a stay of the disqualification.

What is stated in the Lok Sabha order & What is the law regarding disqualification?

Shri Gandhi has been declared disqualified for office in accordance with a notification from the Lok Sabha Secretariat, as per Section 8 of the Representation of the People Act, 1951, which is mandated by Article 102 (1) (e) of the Indian Constitution.

Section 8 of the Representation of the People Act of 1951 states that a legislator who is sentenced to no less than two years upon conviction is disqualified. Also, a disqualified lawmaker continues to be disqualified even after being released from jail.

"A person 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," says Section 8 (3) of the Representation of People Act, 1951, making Shri Gandhi ineligible for the 2024 general elections if the conviction is not revoked by the courts.

"Consequent upon his conviction by the Court of Chief Judicial Magistrate, Surat in CC/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 ie. 23 March, 2023," says the Lok Sabha Secretariant notification.

Shri Gandhi was found guilty of defaming under Sections 499 and 500 of the Indian Penal Code. As punishment for defamation, Section 500 of the IPC provides for up to two years in prison, a fine, or both.

The disqualification would have been immediately following the Supreme Court's decision in Lily Thomas vs Union of India and Ors (2013), which ruled section 8 (4) of the Representation of People Act, 1951, as unconstitutional.

Prior to the 2013 decision, MPs and MLAs facing disqualification were granted relief under Section 8 (4) of the Representation of People Act, 1951. It stated that the disqualification would be delayed for three months from the date of conviction, and that it would remain suspended until the higher courts decided on a petition or revision application for the conviction.

What Legal options does he now have?

As the Section 8 (3) of the Representation of People Act, 1951 stated that, "a person 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," and Section 500 of the Indian Penal Code states that Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both”.

The Immediately relief which Shri Gandhi can seek from higher courts is a stay on conviction or else reduction in sentence from 2 years to a lesser time period or only fine as penalty. If an appellate court, such as a High Court or the Supreme Court, stays his conviction, Shri Rahul Gandhi's disqualification from parliament can be prevented.

"If Gandhi, in his appeal, seeks a stay of his conviction and the appellate court grants it, he will no longer be disqualified." "However, it is critical to remember that the stay must be on his conviction, not just his sentence," Justice Nandrajog explained.



Tagged: Congress leader Shri Rahul Gandhi  
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