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Will Rahul Gandhi Be Able To Contest 2024 Elections? : Know The Law!

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Senior Congress leader and Wayanad MP were disqualified as a Lok Sabha MP on Friday, a day after the Surat court convicted Gandhi in a defamation case.

The Parliament carried a notification that cited Gandhi’s conviction by the Court of Surat to disqualify Rahul Gandhi from the membership of Lok Sabha. The notification also stated that disqualification is dated to his conviction.

Rahul Gandhi was convicted by a Surat District Court on March 23, for a 2019 case where he referred to thieves having the surname Modi. Rahul Gandhi has been convicted under IPC sections 499 and 500. The maximum possible punishment for Rahul Gandhi can extend up to 2 years. However, the 52-year-old leader was granted bail and his conviction was suspended for 30 days for him to challenge the decision of the Surat Court.

Rahul Gandhi Slams BJP And Tweets How Did The Wealth Of PM's 'favourite  Friend' Increase 8 Times During The Pandemic | महामारी के दौरान PM के  'फेवरेट मित्र' की सम्पत्ति 8 गुना

Credits – ABP News

“A disqualification under either subsection 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.” says Section 8(3) in the Representation of the People Act, 1951.

For Rahul Gandhi to be able to contest elections in the next year’s Lok Sabha Elections, the decision of the Surat court needs to be overturned or get suspended by the higher courts.

The law states that when a member of parliament is sentenced to imprisonment of two or more years, he shall be disqualified “from the date of such conviction… and remain disqualified for another six years after serving time.”

The disqualification can also be overturned and the lawmaker reinstated to parliament if the conviction is stayed or overturned and a fresh election to the seat is yet to be conducted. Besides, even if the MP can reduce the duration of sentence to under 2 years, that would nullify the disqualification.

Recent disqualifications from the Indian Parliament :

Lalu Yadav, Azam Khan, Abdullah Azam Khan, Mohammad Faizal, Rasheed Masud, and J Jayalalithaa.


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