MVA MLAs Stage Silent Protest At Maharashtra Assembly Over Rahul Gandhi's Disqualification

Maharashtra MVA MLAs and Chandigarh Youth Congress took out protest marches against congress leader Rahul Gandhi’s disqualification.

Maharashtra MLAs belonging to the Maharashtra Maha Vikash Aghadi (MVA) alliance staged a silent protest on Saturday outside the state assembly over Congress leader Rahul Gandhi's disqualification from Lok Sabha as a member of parliament, reported new agency ANI. Congress leader Rahul Gandhi has been disqualified from the Lok Sabha after his conviction in a four-year-old defamation case.

The MLAs who participated in the protest outside the assembly covered their faces and mouths with black bands. Shiv Sena (Uddhav Thackeray) faction leader Aditya Thackeray and Jayant Patil from the Congress party were seen taking part in the protest.

Members of the Chandigarh Youth Congress also took out a protest march this afternoon against the disqualification of Rahul Gandhi from Parliament.

The Youth Congress members in Chandigarh stopped the New Delhi-Chandigarh Shatabdi train at the Chandigarh railway station over Rahul Gandhi's disqualification.

NCP leader Sharad Pawar said opposition parties must stand united in defence of India's democratic institution.

As per ANI, he said: "The disqualification of Mr Rahul Gandhi and Mr Faizal a few months ago as MPs of the Lok Sabha are against the basic tenets of the constitution, where democratic values are being curtailed."

Shiv Sena (Uddhav Thackeray) leader Uddhav Thackeray has described it as a "murder of democracy".

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 the quantum of the 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 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 the disqualification order," an official of the Union Housing and Urban Affairs Ministry said.

In 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, which 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.