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Rahul Gandhi has Lost His Membership, what are his options now? Know what legal experts say

  • Posted on March 24, 2023
  • By Arijit Dutta
  • 350 Views

Congress MP from Wayanad, Rahul Gandhi's membership of Parliament has been cancelled. On Friday, the Lok Sabha Secretariat issued a notification giving this information.

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 The Secretariat announced that Congress leader Rahul Gandhi is no longer a Member of Parliament after being convicted and sentenced in a defamation case in Gujarat's Surat Court in 2019. After the announcement of the notification, now the question arises that what steps will Rahul Gandhi take? Now how will Rahul Gandhi get out of this matter? Some legal experts say that Congress MPs are automatically disqualified if found guilty. So some experts said that if he succeeds in overturning the sentence, then the proceedings can be stopped.

What does Kapil Sibal say?

According to the media, senior advocate and Rajya Sabha MP Kapil Sibal said, 'If it (court) merely suspends the sentence, it is not enough. There should be a stay on suspension or conviction. He can remain an MP only if the conviction is stayed. If the High Court does not cancel this decision, then Rahul Gandhi will not be allowed to contest elections for the next 8 years.

Advice from other experts

Rahul Gandhi can now challenge this decision in the court. Congress leaders questioned the legality of the decision, saying that only the President can disqualify MPs by order of the Election Commission. According to Rahul Gandhi's team on this matter, preparations are on to challenge this decision in the High Court. If the appeal of stay on sentence and stay on order is not accepted, then they will approach the Supreme Court.

In the Case of Delay in decision...

Some experts say that MPs or MLAs can avoid disqualification only after the suspension of punishment under the Representation of the People Act and the decision of the guilty parties. Another expert said that any public representative will be automatically disqualified if sentenced to two years or more. But if the sentence is suspended after appeal, the disqualification will automatically stand suspended.

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Arijit Dutta

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