Revenue Facts

Rahul Gandhi Declared Disqualified As A Member Of Lok Sabha Due to the Defamation Case!

Rahul Gandhi Declared Disqualified As A Member Of Lok Sabha Due to the Defamation Case!

Rahul Gandhi disqualified: A day after being convicted in the ‘Modi surname’ defamation case, Rahul Gandhi on Friday was disqualified as Member of Parliament.

In a huge setback for the Congress party, its former president Rahul Gandhi has been disqualified from the Lok Sabha because of his conviction in a 2019 criminal defamation case. The Lok Sabha Secretariat also declared his constituency vacant. The Election Commission can now announce a special election for the seat.

Congress has called it a ‘conspiracy’ to silence the Wayanad MP, who has been questioning Prime Minister Narendra Modi’s alleged relationship with billionaire industrialist Gautam Adani, whose business empire has come under scrutiny after allegations of stock manipulation and fraud, and demanding a Joint Parliamentary Committee (JPC) probe into the issue.

“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 of India read with Section 8 of the Representation of the People Act, 1951,” the Lok Sabha Secretariat said in a notification issued today.
Mr Gandhi will get a month to vacate his official residence as the order on his disqualification as an MP is marked to the Liaison Officer, Directorate of Estates, and Parliament Annexe.

What is the Law says:

In its judgment dated July 10, 2013, the Supreme Court,
while disposing the Lily Thomas v. Union of India case (along with Lok Prahari v. Union of India), ruled that any Member of Parliament (MP), Member of the Legislative Assembly (MLA) or Member of a Legislative Council (MLC) who is convicted of a crime and given a minimum of two years’ imprisonment, loses membership of the House with immediate effect.

Section 8(3) of the Representation of the People Act, 1951, says that the moment a member of parliament is convicted of any offence and sentenced for at least two years, she or he attracts disqualification.
“Rahul Gandhi’s Lok Sabha membership has been terminated.
He is constantly fighting for you and this country, from the streets to the Parliament, trying everything possible to save democracy.
Despite every conspiracy, he will continue this fight at all costs and will take just action in this matter.The fight continues,” Congress said in a tweet in Hindi.

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