Rahul no longer an MP: Out of 2024 fight before entering arena?

Parliament on Friday disqualified opposition Congress party leader Rahul Gandhi as a lawmaker after a Surat court found him guilty of defamation and sentenced him to two years in prison, according to a parliament notice.

Announcing his disqualification, the Lok Sabha Secretariat in a notification said that it was 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.

Gandhi, 52, a scion of the Nehru-Gandhi political dynasty, was convicted on Thursday for a 2019 speech in which he referred to thieves as having the surname Modi.

The court of Chief Judicial Magistrate HH Varma, which held Gandhi guilty under Indian Penal Code sections 499 and 500, also granted him bail and suspended the sentence for 30 days to allow him to appeal in a higher court.

What does the law say?

As per the Representation of the People Act, 1951, a person sentenced to imprisonment of two years or more shall be disqualified "from the date of such conviction" and remain disqualified for another six years after serving time.

The Lok Sabha Secretariat can disqualify Rahul Gandhi and declare his Wayanad constituency vacant. Later, the Election Commission will announce a special election for the seat.

This scenario comes into play unless the conviction is put on hold by a higher court. If the verdict is not cancelled, Rahul Gandhi will also not be allowed to contest elections for the next eight years.

If the appeal for suspension of sentence is not accepted by a high court, Rahul Gandhi can move the Supreme Court.

Rahul Gandhi is not the only politician to face disqualification as MP under RP Act. The most famous is the J Jayalalithaa. The AIADMK leader and former chief minister of Tamil Nadu was convicted in a disproportionate assets case for four years and fined Rs 100 crore. She had to step down as the chief minister and her membership remained disqualified until the Karnataka High Court reversed the verdict of the trial court. She went on to become the CM once again. However during her tenure, she passed away and at that time the appeal was pending in the Supreme Court. Due to her passing away, the case was abated against her.

Can Rahul Gandhi contest elections?

Rahul Gandhi faces the risk of not being able to contest for the next eight years if the verdict is not cancelled by any higher court.

According to a provision of the RP Act, a person sentenced to imprisonment of two years or more shall be disqualified "from the date of such conviction" and remain disqualified for another six years after serving time.