Plea to stay conviction rejected, what next for Rahul Gandhi

A court in Surat has rejected the application filed by Congress leader Rahul Gandhi seeking a stay on his conviction in the 2019 defamation case relating to his 'Modi surname' remark.

The court offered no relief to the Congress leader, who had sought a pause on his conviction in the case. This would mean that Rahul Gandhi's disqualification as Member of Parliament from the Wayanad constituency would remain in place.

As a result of the conviction, Rahul Gandhi was disqualified as a Member of Parliament.

As a result of the Surat trial court order, Rahul Gandhi was disqualified as MP. The Lok Sabha Secretariat in a notification had said that the disqualification was effective from March 23, the date of the 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 the Lok Sabha from the date of his conviction ie 23 March 2023," the secretariat said in its order.

A a result of today's order, the Congress leader would continue to be barred from contesting the elections for eight years. He can however no appeal against this order before a higher court.

As per the law, Rahul Gandhi also vacated his official bungalow.

This was Rahul Gandhi's fourth term as MP and his first from Wayanad in Kerala. He had won his first three terms from Amethi, but in 2019 he lost from this seat to Union Minster, Smriti Irani. He however posted a big victory in Wayanad, which was his second seat in 2019.

Rahul Gandhi's next option would be to move the High Court. According to the Lok Prahari vs Election Commission Of India verdict, "once the conviction has been stayed during the pendency of an appeal, the disqualification which operates as a consequence of the conviction cannot take or remain in effect."

However in another case, when Azam Khan of the Samajwadi Party had challenged the EC's decision to notify the elections following his disqualification, the latter argued that even Khan is granted a stay, he would not be able to continue as a member of the House. He could at best contest the by-polls, it was argued. This argument of the EC however remains unaddressed.

In the Wayanad case, the EC is yet to announce a date. In case by-elections are held and another person wins, then even if Rahul Gandhi gets a stay on his conviction the person elected in the by-poll cannot be unseated.