Congress leader Rahul Gandhi is no longer a Member of Parliament. According to the notification of the Lok Sabha Secretariat issued on Friday, Rahul has been disqualified from the House. This action has been taken after a Gujarat court sentenced him to two years in a 2019 defamation case. In such a situation, the question arises whether Rahul will not be able to contest the 2024 Lok Sabha elections? Let’s know the answer to this question…
Rahul’s parliament membership went under the Representation of the People Act:
In fact, Rahul Gandhi’s Parliament membership has been canceled under Article 102 (1) (e) of the Constitution and the Representation of the People Act. He was a Member of Parliament from the Wayanad Lok Sabha seat in Kerala. He had won a big victory in 2019 from here by securing 65 percent votes. However, he had to face defeat in Amethi.
What does the Representation of the People Act say?
According to Section 8 of the Representation of the People Act, 1951, if the MP or MLA is punished for two years or more in any case, then their membership of Parliament will be cancelled. Not only this, they will not be able to contest elections for six years after the completion of the sentence. In such a situation, if Rahul Gandhi is punished, he will not be able to contest the 2024 and 2029 Lok Sabha elections.
What is the whole matter:
In fact, Rahul Gandhi has been sentenced to two years imprisonment by a Gujarat court in a criminal defamation case, after which his Lok Sabha membership was under threat. Although the court had suspended his sentence only after sentencing and while granting him bail, has also given him 30 days time for appeal, but this does not seem to give him much relief. Rahul will now have to prove himself innocent by proving the whole case wrong in his appeal to save his parliament membership or compromise with the complainant.
What did Rahul Gandhi say?
Let me tell you, Rahul Gandhi addressed an election rally in Kolar, Karnataka on 13 April during the 2019 Lok Sabha elections. During this he had said, “Why is the surname of Nirav Modi, Lalit Modi and Narendra Modi common? Why do all thieves have Modi as their surname? A defamation case was filed against Rahul by BJP MLA and former minister Purnesh Modi under sections 499 and 500.
What options does Rahul Gandhi have now?
All the ways to save Rahul Gandhi’s parliament membership are not closed yet. They have the option of going to the High Court. If the High Court stays the decision of the Surat Sessions Court, then their membership can be saved. On the other hand, if there is no relief from the High Court, then Rahul can go to the Supreme Court. If the apex court stays the decision, then his membership will be saved. If he does not get relief, he will not be able to contest elections for eight years.
