Rahul Gandhi might not be able to contest elections for 8 years, unless…

Congress MP from Wayanad, Rahul Gandhi, who was disqualified as a Member of Parliament, might not be able to hold or contest for the post of an MP for eight years. Gandhi’s predicament follows Surat Court’s conviction of the Congress leader on Thursday. 

The Surat Court sentenced him to a two-year jail term in a defamation case from 2019. The case was filed on a complaint by BJP MLA Purnesh Modi over Rahul Gandhi’s remark, “'How come all thieves have Modi as the common surname?'' during a Lok Sabha election rally in Karnataka’s Kolar. 

But Gandhi is looking at a disqualification of six years and not just the two-year sentence. Section 8 (3) of the Representation of People Act states that a person convicted of any offence and sentenced to imprisonment for not less than two years will be disqualified from the date of such conviction. Further, the person will remain disqualified for a period of six years after serving his sentence, it says. 

In order to escape from this lengthy disqualification, Gandhi will be required to appeal against the conviction and put a stay order on it. Unless there is a stay on the conviction, Rahul Gandhi will not be able to contest elections for eight years. 

Earlier Section 8 (4) of the RP Act allowed a sitting MP or MLA to continue remaining in office, if convicted, by filing an appeal against the conviction within three months. However, the Supreme Court struck down the provision of the three-month period in 2013. 

According to the Code of Criminal Procedure (CrPC), the order of the conviction can be challenged before a higher court. Rahul Gandhi can challenge the conviction before the Sessions court. If that fails too, he could approach the higher courts. While these proceedings are on, Gandhi could also seek an interim stay on his sentence. 

However, a simple stay on the sentence will not be enough to save him from the disqualification, and a stay on the conviction would be required. 

Also read: Rahul Gandhi disqualified from Parliament a day after conviction in 2019 criminal defamation case

Also read: 'Does BJP support the corrupt': Priyanka Gandhi Vadra questions Rahul Gandhi’s disqualification as MP