New Delhi,March 25, Jankranti News, : —- The Congress party has received a big shock in the context of Lok Sabha elections next year. The Lok Sabha secretariat took a crucial decision on Friday disqualifying the party’s top leader, Wayanad MP Rahul Gandhi. The day after the Surat court in Gujarat sentenced Rahul Gandhi to two years in prison in a defamation case, the Lok Sabha Secretariat’s decision to this effect has become a topic of discussion in the political circles. The court declared Rahul Gandhi, representing Wayanad parliamentary constituency in Kerala, guilty. We are canceling his membership of the Lok Sabha from the date of the judgment (23 March, 2023),” the Lok Sabha Secretariat said in a notification. According to Section 8 of the Representation of the People Act-1951 of the Constitution of India, the Secretariat disclosed that this decision was taken under the provisions of Article 102(1)(e).
“” What is the case registered against Rahul..?””‘
Speaking in Kolar, Karnataka during the 2019 elections, Rahul said, ‘Why do all thieves have Modi’s family name?’ To this extent, Rahul Gandhi mentioned many names like Nirav Modi, Lalit Modi, Narendra Modi. On this, Surat MLA Purnesh Modi filed a defamation case against Rahul and the Surat court conducted an investigation. Rahul Gandhi explained to the court that he did not make those comments on this occasion. But, the court confirmed that Rahul had made those comments and found him guilty under Section 499, 500 of the IPC and sentenced him to two years imprisonment. The Surat court then granted bail to Rahul Gandhi and stayed the sentence for 30 days to appeal in the higher court. Meanwhile, Loksabha secretariat canceled Rahul’s Lok Sabha membership.
“” What does the law say..?,””
According to Article 102(1)(E) of Section 8 of the Representation of the People Act, 1951, a person who has been sentenced to imprisonment for two years or more by any court shall be disqualified from holding constitutional office from the date of the judgment. Along with the jail term, they will also be disqualified from contesting elections for another six years. The law states that this disqualification applies to the offenses mentioned in Article 102(1)(E) of Section 8 of the Representation of the People Act 1951,
“” Can Rahul Gandhi contest in 2024 elections..?,””
Even if he appeals to the higher court under the Representation of the People Act, if Rahul fails to get a positive verdict, he will be barred from contesting elections for a total of 8 years (2 years imprisonment and 6 years ban). According to this calculation, he may miss the general elections to be held in 2024. However, it depends on the judgment given by the higher court.
Surat court sentenced Rahul Gandhi to two years in jail for his comments that defamed the name of Modi’s family. However, at the same time… while granting him bail, the sentence was stayed for 30 days to appeal in the higher court. Meanwhile, the Lok Sabha Secretariat disqualified him. However, Rahul Gandhi has 30 days to appeal the case. If the higher court stays the orders of the lower court… or cancels those orders,Rahul Gandhi’s disqualification will be cancelled. To this extent, the legal experts are citing the case of Lakshadweep MP Mohammad Faizal. The Supreme Court also clarified the disqualification process in the 2018 Lokprahari v. Government of India case. The Supreme Court explained that the disqualification will be canceled from the date of the stay order issued by the Appellate Court. An appellate court may suspend the conviction of a convicted person pending an appeal. It amounts to releasing the appellant on bail. Rahul Gandhi will first have to challenge the Surat Court’s verdict against him in the Surat Sessions Court. After that, Rahul Gandhi may go to the High Court.
“In the case of Lakshadweep MP Faisal,”: —
The Sessions Court found MP Mohammad Faizal guilty in an attempt to murder case. Due to this, he lost his parliament membership last January. Immediately after that, the Central Election Commission announced the by-election for the Lakshadweep seat. Later, the Kerala High Court stayed the decision and recommended the renewal of his membership again. The bench said that there was no evidence that there was an attempt to kill with sharp weapons, and if the same was the case, the onus was on the prosecution to prove the matter, and the trial court dismissed the charges against Faisal. With that, the disqualification of Faizal was cancelled. In the context of the 2024 general elections coming up within a year and a half, Judge Kurian of the High Court made key comments that disqualifying the representative and holding by-elections is a waste of public money.
—– M Venkata T Reddy, News Editor, MP Jankranti News,
