Rahul Gandhi’s disqualification from polls for 8 years

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

The Surat Court sentenced him to a two-year jail term in a defamation case from 2019 The case was brought in 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 Kolar, Karnataka.

Gandhi is looking at a disqualification of six years and not just a two-year sentence. A person convicted of an offense and sentenced to imprisonment for a period of not less than two years will be disqualified from the date of the conviction, according to section 8 3 of the Representation of People Act. 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 have 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.

Section 8 4 of the RP Act allowed a sitting MP or MLA to remain in office, if convicted, by filing an appeal within three months. The three-month period was slashed in 2013 by the Supreme Court.

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

A stay on the sentence won't suffice to save him from the disqualification, and a stay on the conviction would be required.