Breaking: Rahul Gandhi Declared Disqualified As A Member Of Lok Sabha Following His Conviction In Defamation Case

Congress party leader Rahul Gandhi was today disqualified as a Member of Lok Sabha from the date of his conviction in the criminal defamation case over his 'Modi surname' remark. A notification in this regard was issued by the Lok Sabha Secretariat today. Gandhi is an MP from Kerala's Wayanad district.

The disqualification is in terms of Article 102 (1) (e) of the Constitution of India read with Section 8 of the Representation of the People Act 1951. The 1951 Act provides that a person will be disqualified if convicted and sentenced to imprisonment for two years or more and shall continue to be disqualified for a further period of six years after his release.

Significantly, the disqualification can be reversed in case a higher court, in an appeal, grants a stay on the conviction of the person concerned or it goes on to decide the appeal moved against the conviction in favor of the person concerned. 

It may be recalled that a Court in Gujarat's Surat District yesterday convicted Congress leader and MP Rahul Gandhi in a defamation case for his remarks “why all thieves share the Modi surname” made during a political campaign in Karol in April 2019.

The Court of Chief Judicial Magistrate HH Varma sentenced him to two years in jail and also imposed a fine of Rs. 15,000 after finding him guilty under Sections 499 (Defamation), 500 (punishment for Defamation) IPC.

Though the Court suspended his sentence and granted him bail in the case to move an appeal within 30 days, his conviction was not suspended, which is necessary for a stay on the disqualification. 

The order came on a complaint of BJP MLA and former Gujarat minister Purnesh Modi Purnesh Modi filed under Sections 499 and 500 of the Indian Penal Code against Rahul Gandhi for his alleged remarks stating claiming that he had defamed all people with the ‘Modi’ surname while addressing a rally at Kolar in Karnataka ahead of the 2019 Lok Sabha elections.