According to a Lok Sabha official, the background work for considering the disqualification of Congress lawmaker Rahul Gandhi has begun. The official also stated that it would take less than 10 minutes to prepare the necessary file and seek legal consultation regarding the matter.
Lok Sabha official also stated that if a decision regarding Rahul Gandhi’s disqualification is reached on Friday, the Speaker of the Lok Sabha will announce it in the House as per convention.
Rahul Gandhi is facing disqualification from Parliament due to a criminal defamation conviction by a court in Surat, Gujarat. He was found guilty for a remark he made about the Modi surname ahead of the 2019 national polls.
The official cited above said there are precedents including the recent disqualification of the Lakshadweep Member of Parliament.
Gandhi will have to appeal to a higher court and get a stay on the conviction to prevent the disqualification – something the Congress party said it will do – to take the next step.
Congress leader Abhishek Singhvi told they will move a sessions court against Gandhi’s conviction this weekend.
Gandhi was convicted under Sections 499 and 500 of the Indian Penal Code, which provide for imprisonment of up to two years, and later was released on bail. The court suspended the sentence for 30 days on Gandhi’s plea.
Any elected representative sentenced for any offence for two years or more faces immediate disqualification under the Representation of People Act, 1951. One provision of the Act that granted three-month protection from disqualification was struck down in 2013 as “ultra vires” by the Supreme Court in the Lily Thomas case.
In Gandhi’s case, the Surat court suspended his sentence for 30 days at the request of his legal team, to give him an opportunity to challenge the decision.
