A case was filed against Rahul Gandhi for his alleged “how come all the thieves have Modi as the common surname?” remarks, while addressing a rally at Kolar in Karnataka ahead of the 2019 Lok Sabha elections. He has been convicted in the case and sentenced to two years in jail. Will he now be disqualified from Lok Sabha?
New Delhi ,UPDATED: Mar 23, 2023 14:00 IST
A file photo of Rahul Gandhi (Credits: PTI)
By Alok Ranjan: A court in Gujarat’s Surat city, on Thursday, convicted Congress MP Rahul Gandhi in a criminal defamation case against him over his alleged ‘Modi surname’ remark. He has been sentenced to two years in jail by the court.
Rahul Gandhi has been convicted under IPC Section 504. The maximum possible punishment under this section is two years.
Later, the court granted him bail and suspended the sentence for 30 days, to allow him to appeal in a higher court, the Congress leader’s lawyer Babu Mangukiya said.
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A two-year imprisonment for Rahul Gandhi technically attracts disqualification from Lok Sabha under Section 8(3) of the Representation of the People Act, 1951.
Here’s what Section 8(3) in The Representation of the People Act, 1951 states:
(3) A person convicted of any offence and sentenced to imprisonment for not less than two years [other than any offence referred to in sub-section (1) or sub-section (2)] shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.] 9[(4)] Notwithstanding anything 10[in sub-section (1), sub-section (2) or sub-section (3)] a disqualification under either sub-section shall not, in the case of a person who on the date of the conviction is a member of Parliament or the Legislature of a State, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by the court.
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