Plea Filed In Supreme Court Challenging Rahul Gandhi’s Restoration As LS Member

A petition has been filed in the Supreme Court (SC) challenging the restoration of Congress leader Rahul Gandhi's Lok Sabha Membership, who was disqualified after the court sentenced him two years' imprisonment in the criminal defamation case over 'Modi surname' remark. 

The petition challenging Rahul Gandhi's restoration as a Lok Sabha MP was submitted by Advocate Ashok Pandey, who is based in Lucknow.

He argued that when a member of Parliament or a state legislature loses their office due to a court conviction under Article 102, 191 of the Constitution r/w section 8 (3) of the Representation of People Act 1951, they shall remain disqualified until all charges against them are acquitted by some higher court.

In the plea, the petitioner has contested the Lok Sabha Secretariat's notification regarding the restoration of the Lok Sabha membership to Rahul Gandhi. 

Gandhi had received a two-year prison sentence in a criminal defamation case, resulting in his disqualification as a parliamentarian under the Representation of People Act, of 1951. 

However, the Lok Sabha Secretariat reinstated the Congress leader's membership on August 7, as per a notification issued in compliance with the Supreme Court's August 4 order.

 

This action was taken after the top court suspended Rahul Gandhi's conviction in the criminal defamation case filed due to his 'Modi surname' remark.

The petitioner has contended that the Speaker of the Lok Sabha was not justified in reinstating his lost membership. Therefore, the plea seeks the annulment of the Lok Sabha notification.

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