Rahul Gandhi disqualified as MP, can't contest next 2 Lok Sabha polls if conviction not stayed

Tribune News Service

New Delhi, March 24

A day after Rahul Gandhi attracted instant disqualification from the Lok Sabha over his conviction and two-year sentencing for defamation by a Surat court, the Lok Sabha Secretariat today formally notified the disqualification, ending the Congress leader’s 19-year House membership. He was first elected to the Lok Sabha from Amethi in 2004.

• Editorial: Defamation penalty

With the notification, Rahul’s current seat — Wayanad in Kerala —- automatically falls vacant. As per law, the Election Commission would need to notify a byelection within six months of the date of vacancy.

Fighting for India

I am fighting for India. Ready to pay any price. Rahul Gandhi, Congress leader

Due to the disqualification, under Section 8 (3) of the Representation of People Act 1951, Rahul will not be able to contest the 2024 and 2029 Lok Sabha elections unless he secures an interim stay of conviction — an outcome of which the Congress is “absolutely hopeful”. Section 8 (3) of the RPA says, “A person convicted of any offence and sentenced to imprisonment for not less than two years 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.” This effectively means Rahul won’t be able to contest elections for a period of eight years from the day his sentence starts (unless of course he gets the conviction stayed).

Disqualified for eight years

Section 8 (3) of the Representation of People Act-1951 says a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of conviction and shall continue to be disqualified for a further period of six years since his release.

Z+ cover to stay

There will be no impact on the Z+ security cover provided to Congress leader Rahul Gandhi in view of him losing his Lok Sabha membership, as the protection is given to an individual or a dignitary based on the threat perception.

With the Congress leader set to lose all perks and perquisites of an MP (including his 12, Tuglaq Lane residence), the developments today triggered a massive political faceoff between the ruling BJP and the Congress ahead of elections in six states — Karnataka, Telangana, Mizoram, Rajasthan, Chhattisgarh and Madhya Pradesh. Both parties spun their own narratives around the event which brought an otherwise divided opposition together with AAP, TMC, SP, DMK, and SAD supporting Rahul.

While the Congress sought to paint their former chief as a martyr, terming his conviction and disqualification a “price he paid for speaking the truth on the Adani scam, GST, demonetisation and China’s LAC aggressions,” the BJP described the trial court action as a punishment for a “feudalistic leader who habitually abused the backward and the poor and believed he was above law and the nation”.

BJP chief JP Nadda articulated the party’s line on the issue today by saying that Rahul had insulted the entire OBC community by calling them a thief. Rahul has been convicted of his defamatory remark: “How come all thieves have Modi surname?”

“This battle is political before it is legal,” said AICC general secretary Jairam Ramesh, adding that what happened is part of a pattern to harass Rahul.

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