Rahul Gandhi may lose Lok Sabha membership unless conviction stayed

Tribune News Service

Satya Prakash

New Delhi, March 23

Sentenced by a Gujarat court in a defamation case, Congress leader Rahul Gandhi is at the risk of losing his Lok Sabha membership, unless his conviction is stayed.

His disqualification is imminent in view of the Supreme Court’s 2013 verdict in the Lily Thomas case that declared unconstitutional Section 8(4) of the Representation of People Act, 1951, which protected lawmakers from disqualification during pendency of appeals against conviction.

Following the top court’s 2013 ruling, several lawmakers, including RJD chief Lalu Prasad Yadav and Samajwadi Party leader Azam Khan, have incurred disqualification that continues for six more years after the end of the prison term. Whether Rahul Gandhi joins the league of disqualified lawmakers or escapes disqualification depends upon a superior court’s order to stay or refuse to stay his conviction.

Noting that the disqualification period begins with the pronouncement of the sentence, former Lok Sabha Secretary General PDT Achari said, “If the conviction is stayed, the disqualification would remain suspended. Finally, what happens would depend upon the final outcome of the case.” Senior advocate Rajesh Dwivedi said, “It all depends upon the sessions court where Rahul Gandhi can challenge the conviction order. If he doesn’t get any relief, he can approach the High Court....It is clear, stay on conviction will save him from disqualification.”

Acting on a PIL filed by Lily Thomas, a Bench of Justice AK Patnaik and Justice SJ Mukhopadhaya had in 2013 struck down Section 8(4) of the Representation of People Act, 1951, which provided sitting MPs/MLAs an additional layer of protection from disqualification. However, in the Lok Prahari case, a three judge-Bench in 2018 termed the disqualification as “untenable” if the conviction of a lawmaker was stayed by an appellate court.

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