Can Rahul Contest 2024 Polls? What's Next For Him After Gujarat HC's Verdict

The Gujarat High Court on Friday rejected Congress leader Rahul Gandhi's appeal seeking a stay on his conviction in a criminal defamation case.

The high court, while pronouncing the verdict, said "the order is just, proper and legal".

"There is no reasonable ground to stay the conviction. The trial court's order is just, proper and legal and there is no need to interfere with the said order. The disqualification is not limited to only MPs and MLAs," the court said.

The court further highlighted that at least 10 criminal cases are pending against Rahul Gandhi.

The high court verdict extends the uncertainty over whether he can contest in national elections due next year.

Since the Gujarat high court rejected his plea against conviction, Rahul Gandhi will not be able to attend the upcoming monsoon session in Parliament beginning July 20.

Rahul Gandhi will now approach the Supreme Court with his request. If the top court also rejects his request, Rahul Gandhi cannot contest Lok Sabha elections in 2024.

However, the 53-year-old will not go to jail as his two-year sentence had been put on hold by a court previously.

The Gujarat high court's verdict is seen as a major setback to the Congress as it plans strategy for a series of upcoming polls, including the 2024 national election.

What is the defamation case against Rahul Gandhi?

A metropolitan magistrate's court in Surat on March 23 sentenced Gandhi to two years in jail after convicting him under Indian Penal Code (IPC) sections 499 and 500 (criminal defamation) in a 2019 case filed by BJP Gujarat MLA Purnesh Modi.

The BJP leader had filed a criminal defamation case against Gandhi over his "how come all thieves have Modi as the common surname?" remark made during an election rally at Kolar in Karnataka on April 13, 2019.

Following the court order, Gandhi was disqualified from Lok Sabha effective from March 23, the day of his conviction.

"Consequent upon his conviction by the Court of Chief Judicial Magistrate, Surat...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," the notification read.

Rahul Gandhi's disqualification could have been reversed if a higher court overturns his conviction or reduces his sentence to less than two years.

In a 2018 decision in 'Lok Prahari v Union of India', the top court held that the disqualification will not operate from the date of the stay of conviction by the appellate court. Hence, a stay of conviction would relieve the individual from suffering the consequence of a disqualification relatable under Section 8 of the RP Act of 1951.