Can Rahul Gandhi be reinstated as MP?
2 min read . Updated: 24 Mar 2023, 04:12 PM IST
PremiumRahul Gandhi may still have the opportunity to reclaim his seat in the Lok Sabha if a higher court stays his conviction in the defamation case and disqualification
Rahul Gandhi was disqualified as a Member of Parliament (MP) on Friday after his conviction and two-year jail sentence in the 2019 criminal defamation case by a Surat court. Disqualifying him from the Lok Sabha, the House Secretariat also declared his constituency vacant.
In a notification, the Lok Sabha Secretariat said, “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."
While law experts such as Kapil Sibal and Mahesh Jethmalani said that Rahul Gandhi stands “automatically disqualified" after his conviction and jail sentencing in the defamation case, the Congress leader may have the opportunity to reclaim his seat if a higher court stays his conviction and disqualification.
Like in the case of Lakshadweep NCP MP PP Mohammed Faizal. Mohammed Faizal was convicted and sentenced to 10 years’ imprisonment in an attempt to murder case and was disqualified as an MP in January 2023. His conviction was, however, suspended by the Kerala High Court. His disqualification was also termed as “invalid".
After the high court ruling, the law ministry recommended that he be reinstated to his position as the Kerala High Court put his conviction in an attempted murder case on hold.
Speaking to NDTV, Kapil Sibal said Rahul Gandhi can stay on as an MP if there is a stay on his conviction in the defamation case.
He said, “There has to be a suspension or stay of conviction. He [Rahul Gandhi] can stay on as a member of Parliament only if there is a stay on the conviction."
Meanwhile, Congress has called a meeting of the senior party leaders to formulate a strategy on how to proceed forward.
“We've called a meeting of our senior party leaders at the party office at 5pm today. In the meeting, we will formulate our strategy as to how to proceed forward," Congress president Mallikarjun Kharge said.