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Rahul Gandhi Disqualified As A Member Of Parliament After Conviction By A Gujarat Court

Rahul Gandhi who is an MP from Kerala’s Wayanad has been disqualified as a Member of Parliament as per Article 110(1)(e) of the constitution of India r/w Section 8 of the Representation of People Act 1951. This comes after his conviction in the defamation case where he made a remark about all thieves having a modi surname.

Rahul Gandhi who is an MP from Kerala’s Wayanad has been disqualified as a Member of Parliament as per Article 110(1)(e) of the constitution of India r/w Section 8 of the Representation of People Act 1951. This comes after his conviction in the defamation case where he made a remark about all thieves having a modi surname.

Article 110 (1) (e) of the Constitution says - The declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure.

Section 8 of the Representation of People Act 1951 say that a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years after his release. 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. 

The notification of disqualification was issued by the Lok Sabha Secretariat.

Hearing before Gujarat Court:

Congress Leader Rahul Gandhi was sentenced to imprisonment of two years for his remark in a political campaign in Karol associated with Prime Minister Narendra Modi. He said that “All fugitives have Modi Surname” in 2019 and the order has come about the same by a Gujarat Court. He was present at the Surat Court on Thursday as he was convicted in the defamation case.

His two year Jail sentence has been suspended currently on his plea to move an appeal against the conviction. 

The petitioner in the matter is Gujarat minister Purnesh Modi where he approached the court saying Gandhi's remarks defamed all the persons with the surname Modi. The Gujarat HC had stayed the proceedings in March 2022 and the stay was vacated  this year after which the arguments in the case resumed in February 2023.



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