New Delhi: Congress leader Rahul Gandhi has been disqualified from the Lok Sabha after his conviction in a four-year old defamation case. According to law, if the conviction is not overturned or quantum of sentence is not reduced by any higher court, he will not be able to contest elections for the next eight years.
Section 8(3) of the Representation of the People Act, 1951 says the moment a member of parliament is convicted of any offence or sentenced for at least two years, he or she attracts disqualification.
In the light of the Surat court order and the disqualification of Rahul Gandhi, the Election Commission can now announce a special election for his Wayanad seat in Kerala or he can challenge the decision in the court.
Following his disqualification as an MP, Rahul Gandhi may also have to vacate his official bungalow in Lutyens' Delhi within a month, if he does not get relief from a higher court in the defamation case.
"As he has been disqualified from Lok Sabha, he is not entitled to a government accommodation. According to rules, he will have to vacate his official bungalow within a month since the date of disqualification order," an official of the Union Housing and Urban Affairs Ministry said.
In the light of the developments, there are a few measures that Rahul Gandhi can take in a bid to save himself.
As per legal experts, he can seek to overturn his conviction or get the sentence reduced to less than two years, that would nullify his disqualification.
He can also challenge the Surat court’s verdict in a higher court. Congress leaders have also questioned the legality of the move, saying it is only the President who can disqualify an MP in consultation with the Election Commission.
It is to be noted that since it’s a criminal case, Rahul Gandhi cannot directly approach the high court or Supreme Court. He would first have to appeal in the Gujarat Sessions Court and then Gujarat High Court.
"If it (the court) only suspends the sentence, that's not enough. There has to be a suspension or stay of conviction. He (Rahul Gandhi) can stay on as a member of parliament only if there is a stay on the conviction," former union law minister Kapil Sibal told NDTV.