By Express News Service
NEW DELHI: A day after being convicted in a 2019 defamation case, Congress leader Rahul Gandhi was disqualified as an MP. Rahul Gandhi will appeal in a higher court, his lawyer and the Congress have said.
Rahul Gandhi had made the “how come all the thieves have Modi as the common surname” remark in April 2019, at a Lok Sabha election rally at Kolar in Karnataka.
The Congress MP represents Wayanad constituency in Kerala.
A notification issued by Lok Sabha Secretary General Utpal Kumar Singh said, “Consequent upon his conviction by the Court of Chief Judicial Magistrate, Surat, in C.C./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 i.e. 23 March, 2023 in terms of the provisions of Article 102(1)(e) of the Constitution read with Section 8 of the Representation of People Act, 1951.”
Barred from contesting polls
The Representation of the People Act, 1951, the law that governs elections in India, mandates the disqualification of any politician who is “convicted of any offence and sentenced to imprisonment for not less than two years”.
The law also mandates that a convicted legislator cannot contest elections for six years after the end of their jail sentence.
Rahul Gandhi faces the risk of not being able to contest the Lok Sabha elections in 2024 if his conviction is not suspended or overturned by a higher court before the elections.
Following his disqualification, Gandhi would not be able to contest elections for eight years unless a higher court stays his conviction and sentence.
Meanwhile, BJP MP Sushil Kumar Modi, who has also filed a defamation case against Rahul Gandhi, has said the Congress leader should not have attended Lok Sabha on Friday as he stood “disqualified” as an MP as soon as the Surat court convicted him. Modi has also filed a defamation case in a Patna court against the former Congress president in the similar matter.
He said Gandhi with his remarks “abused” the backward classes, and they will take “revenge” on the Congress for the statement in the upcoming polls.
The ‘Modi’ surname is used most by people hailing from the Other Backward Classes.
ALSO READ | Will fight this battle both ‘legally and politically’: Congress on Rahul’s LS disqualification
Rahul’s history with the RP Act
In 2013, the top court, in its judgement in the Lily Thomas case, had struck down section 8(4) of the RP Act that gave a convicted lawmaker the power to remain in office on the grounds that appeals have been filed within three months of the conviction.
The Congress-led United Progressive Alliance government, in 2013, had attempted to nullify the Supreme Court ruling striking down the RP Act provision which gave protection from disqualification for three months.
Incidentally, it was Gandhi who had opposed the ordinance brought by the Congress party in a press conference where he proceeded to tear it as a mark of protest, also terming it “complete nonsense.”
How are various leaders reacting to Gandhi’s disqualification?
Mamata Banerjee
The West Bengal CM alleged that the Opposition has become the prime target of the BJP under PM Modi’s ‘New India’. Banerjee further said that while BJP leaders with criminal records are inducted into the cabinet, Opposition leaders are disqualified for their speeches.
“Today, we have witnessed a new low for our constitutional democracy,” she added.
Bhupender Yadav
The Union Minister alleged that Rahul Gandhi abused the OBC community by calling the entire community ‘chor’. He added that freedom of speech does not allow anyone to defame or insult a community. Yadav further claimed that Gandhi is not even seeking an apology for his remarks.
KC Venugopal
The Congress MP alleged that the day Rahul Gandhi raised questions against the Adani issue and the PM, a conspiracy was hatched to silence Gandhi. He claimed that this was a clear case of the anti-democratic, dictatorship attitude of the BJP govt.
Jairam Ramesh
“We will fight this battle both legally & politically. We will not be intimidated or silenced. Instead of a JPC into the PM-linked Adani MahaMegaScam, Rahul Gandhi stands disqualified. Indian Democracy Om Shanti,” tweeted the Congress General Secretary in-charge of Communications.
Anurag Thakur
The Union Minister says, “Rahul Gandhi is on a bail in a corruption case of National Herald…He is habitual of going far from the truth in Parliament…I think Rahul Gandhi believes he’s above Parliament, law, country, he’s privileged & Gandhi family can do anything.”
Shashi Tharoor
“I’m stunned by this action and by its rapidity, within 24 hours of the court verdict and while an appeal was known to be in process. This is politics with the gloves off and it bodes ill for our democracy,” tweeted the Congress MP.
#RahulGandhi’s disqualification effective from date of his conviction March 23: Lok Sabha Secretariat. pic.twitter.com/s8jOdIkRam
— (@NewIndianXpress) March 24, 2023
Rahul had earlier attended the Lok Sabha session on Friday. However, he could not speak as the Speaker of the Lok Sabha, Om Birla, adjourned the proceedings till noon due to protests by both the Opposition and Treasury Benches. The House witnessed noisy scenes as Congress members demanded that Rahul be allowed to speak.
#WATCH | UPA chairperson Sonia Gandhi arrives at the residence of Rahul Gandhi in Delhi pic.twitter.com/IABtmJZKRf
— ANI (@ANI) March 24, 2023
Earlier, there had been differing views on whether the Congress leader would be disqualified as an MP following his conviction. Constitutional expert PDT Achary told that although disqualification takes effect from the date of conviction, it is relatable to the sentence.
“Now that the trial court has suspended the sentence for 30 days, he can appeal to the appellate court within 30 days. If the appellate court stays both conviction and sentence, then the disqualification will also get suspended,” he said.
They (BJP) tried all ways to disqualify him. They don’t want to keep those who are speaking the truth but we will continue to speak the truth. We’ll continue to demand JPC, If needed we’ll go to jail to save democracy: Cong president on Rahul Gandhi’s disqualification as MP pic.twitter.com/gEGySF4yIx
— ANI (@ANI) March 24, 2023
A Surat court on Thursday sentenced the Wayanad MP to two years in prison over a 2019 criminal defamation case filed against him over his ‘Modi surname’ remarks during an election speech in Kolar in Karnataka. However, the trial court suspended Gandhi’s sentence for 30 days.
WATCH |
On Thursday, Congress MP and lawyer Abhishek Singhvi said that the party will challenge the order in a higher court and the conviction was ‘erroneous and unsustainable’. According to sources, the party is going all out to challenge the order and has decided to throw its weight behind the former Congress President. The party is consulting Constitutional and top legal experts, said a senior leader.
The party has also decided to intensify protests across the country against the court order. While the party called a meeting of steering committee members, CLP leaders, and others for a meeting in the evening, Opposition leaders will march to Vijay Chowk at noon.
ALSO READ | ‘Modi surname’ case: Rahul Gandhi sentenced to two years in jail, has 30 days to appeal
ALSO READ | No automatic disqualification: Achary
(With additional inputs from online desk)
NEW DELHI: A day after being convicted in a 2019 defamation case, Congress leader Rahul Gandhi was disqualified as an MP. Rahul Gandhi will appeal in a higher court, his lawyer and the Congress have said.
Rahul Gandhi had made the “how come all the thieves have Modi as the common surname” remark in April 2019, at a Lok Sabha election rally at Kolar in Karnataka.
The Congress MP represents Wayanad constituency in Kerala.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
A notification issued by Lok Sabha Secretary General Utpal Kumar Singh said, “Consequent upon his conviction by the Court of Chief Judicial Magistrate, Surat, in C.C./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 i.e. 23 March, 2023 in terms of the provisions of Article 102(1)(e) of the Constitution read with Section 8 of the Representation of People Act, 1951.”
Barred from contesting polls
The Representation of the People Act, 1951, the law that governs elections in India, mandates the disqualification of any politician who is “convicted of any offence and sentenced to imprisonment for not less than two years”.
The law also mandates that a convicted legislator cannot contest elections for six years after the end of their jail sentence.
Rahul Gandhi faces the risk of not being able to contest the Lok Sabha elections in 2024 if his conviction is not suspended or overturned by a higher court before the elections.
Following his disqualification, Gandhi would not be able to contest elections for eight years unless a higher court stays his conviction and sentence.
Meanwhile, BJP MP Sushil Kumar Modi, who has also filed a defamation case against Rahul Gandhi, has said the Congress leader should not have attended Lok Sabha on Friday as he stood “disqualified” as an MP as soon as the Surat court convicted him. Modi has also filed a defamation case in a Patna court against the former Congress president in the similar matter.
He said Gandhi with his remarks “abused” the backward classes, and they will take “revenge” on the Congress for the statement in the upcoming polls.
The ‘Modi’ surname is used most by people hailing from the Other Backward Classes.
ALSO READ | Will fight this battle both ‘legally and politically’: Congress on Rahul’s LS disqualification
Rahul’s history with the RP Act
In 2013, the top court, in its judgement in the Lily Thomas case, had struck down section 8(4) of the RP Act that gave a convicted lawmaker the power to remain in office on the grounds that appeals have been filed within three months of the conviction.
The Congress-led United Progressive Alliance government, in 2013, had attempted to nullify the Supreme Court ruling striking down the RP Act provision which gave protection from disqualification for three months.
Incidentally, it was Gandhi who had opposed the ordinance brought by the Congress party in a press conference where he proceeded to tear it as a mark of protest, also terming it “complete nonsense.”
How are various leaders reacting to Gandhi’s disqualification?
Mamata Banerjee
The West Bengal CM alleged that the Opposition has become the prime target of the BJP under PM Modi’s ‘New India’. Banerjee further said that while BJP leaders with criminal records are inducted into the cabinet, Opposition leaders are disqualified for their speeches.
“Today, we have witnessed a new low for our constitutional democracy,” she added.
Bhupender Yadav
The Union Minister alleged that Rahul Gandhi abused the OBC community by calling the entire community ‘chor’. He added that freedom of speech does not allow anyone to defame or insult a community. Yadav further claimed that Gandhi is not even seeking an apology for his remarks.
KC Venugopal
The Congress MP alleged that the day Rahul Gandhi raised questions against the Adani issue and the PM, a conspiracy was hatched to silence Gandhi. He claimed that this was a clear case of the anti-democratic, dictatorship attitude of the BJP govt.
Jairam Ramesh
“We will fight this battle both legally & politically. We will not be intimidated or silenced. Instead of a JPC into the PM-linked Adani MahaMegaScam, Rahul Gandhi stands disqualified. Indian Democracy Om Shanti,” tweeted the Congress General Secretary in-charge of Communications.
Anurag Thakur
The Union Minister says, “Rahul Gandhi is on a bail in a corruption case of National Herald…He is habitual of going far from the truth in Parliament…I think Rahul Gandhi believes he’s above Parliament, law, country, he’s privileged & Gandhi family can do anything.”
Shashi Tharoor
“I’m stunned by this action and by its rapidity, within 24 hours of the court verdict and while an appeal was known to be in process. This is politics with the gloves off and it bodes ill for our democracy,” tweeted the Congress MP.
#RahulGandhi’s disqualification effective from date of his conviction March 23: Lok Sabha Secretariat. pic.twitter.com/s8jOdIkRam
— (@NewIndianXpress) March 24, 2023
Rahul had earlier attended the Lok Sabha session on Friday. However, he could not speak as the Speaker of the Lok Sabha, Om Birla, adjourned the proceedings till noon due to protests by both the Opposition and Treasury Benches. The House witnessed noisy scenes as Congress members demanded that Rahul be allowed to speak.
#WATCH | UPA chairperson Sonia Gandhi arrives at the residence of Rahul Gandhi in Delhi pic.twitter.com/IABtmJZKRf
— ANI (@ANI) March 24, 2023
Earlier, there had been differing views on whether the Congress leader would be disqualified as an MP following his conviction. Constitutional expert PDT Achary told that although disqualification takes effect from the date of conviction, it is relatable to the sentence.
“Now that the trial court has suspended the sentence for 30 days, he can appeal to the appellate court within 30 days. If the appellate court stays both conviction and sentence, then the disqualification will also get suspended,” he said.
They (BJP) tried all ways to disqualify him. They don’t want to keep those who are speaking the truth but we will continue to speak the truth. We’ll continue to demand JPC, If needed we’ll go to jail to save democracy: Cong president on Rahul Gandhi’s disqualification as MP pic.twitter.com/gEGySF4yIx
— ANI (@ANI) March 24, 2023
A Surat court on Thursday sentenced the Wayanad MP to two years in prison over a 2019 criminal defamation case filed against him over his ‘Modi surname’ remarks during an election speech in Kolar in Karnataka. However, the trial court suspended Gandhi’s sentence for 30 days.
WATCH |
On Thursday, Congress MP and lawyer Abhishek Singhvi said that the party will challenge the order in a higher court and the conviction was ‘erroneous and unsustainable’. According to sources, the party is going all out to challenge the order and has decided to throw its weight behind the former Congress President. The party is consulting Constitutional and top legal experts, said a senior leader.
The party has also decided to intensify protests across the country against the court order. While the party called a meeting of steering committee members, CLP leaders, and others for a meeting in the evening, Opposition leaders will march to Vijay Chowk at noon.
ALSO READ | ‘Modi surname’ case: Rahul Gandhi sentenced to two years in jail, has 30 days to appeal
ALSO READ | No automatic disqualification: Achary
(With additional inputs from online desk)
