NEW DELHI — Congress leader and Wayanad MP Rahul Gandhi has been disqualified from Lok Sabha, a day after a Surat court sentenced him in a criminal defamation case, The Hindu reported
A notification from the lower House, signed by Secretary General Utpal Kumar Singh said, Mr. Gandhi stands disqualified from the membership of Lok Sabha from the date of his conviction, as per the terms of Article 102 (1)(e) of the Constitution and Section 8 of the Representation of the People Act, 1951.
Mr. Gandhi was sentenced to two years imprisonment for his “why all thieves have Modi surname” comment he allegedly made during the parliamentary election campaign in 2019. The court suspended the sentence for 30 days, so that Mr. Gandhi can appeal in a higher court. The court has given bail to him on ₹10,000 bond, the report said.
According to the Section 8(3) of the Representation of the People (RP) Act, 1951, which guides the disqualification of a legislator, the moment a Member of Parliament is convicted of any offence and sentenced for at least two years, she or he attracts disqualification.
Experts though have differing views on whether the conviction and sentencing means immediate disqualification or the Wayanad MP gets time if he appeals.