In a big blow to Congress MP Rahul Gandhi, he has lost his membership from the Parliament.
A notification issued by the Lok Sabha secretariat 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 ie. 23 March, 2023 in terms of the visions of Article 102(1)(e) of the Constitution of India read with Section 8 the Representation of the People Act, 1951”
A Surat court on Thursday sentenced former Congress president Rahul Gandhi to two years in jail in a 2019 criminal defamation case filed against him over his ‘Modi surname’ remarks.
The court of chief Judicial Magistrate HH Varma, which held Gandhi guilty under Indian Penal Code sections 499 and 500.
According to Clause 8, Subclause 3 representation of the People Act, any member will be disqualified if convicted and sentenced to imprisonment for two years or more. The person is disqualified for the period of imprisonment and a further six years.
Since, sub-clause 4 which allowed the member to a three month grace period has been scrapped by the Supreme Court of India vide its judgement in the Lily Thomas vs Union of India case 2010-2013, the membership of an MP/MLA/MLC stands disqualified with immediate effect.