Will Rahul Gandhi’s eligibility to serve in the parliament be revoked following today’s conviction? all you need to know

Guwahati: Congress leader Rahul Gandhi could be barred from serving in parliament after being found guilty and given a two-year prison sentence in a criminal defamation case against Prime Minister Narendra Modi in 2019.

Although Rahul Gandhi was granted bail and had his sentencing delayed for 30 days so he could challenge the Surat Court’s decision, legal experts warn the court’s decision could result in Rahul Gandhi losing his right to serve in parliament.

A member of parliament is disqualified under Section 8(3) of the Representation of the People Act of 1951 if they are found guilty of any crime and receive a sentence of at least two years.

Experts claim that based on the Surat court ruling, the Lok Sabha Secretariat has the authority to dismiss Rahul Gandhi and declare his Wayanad constituency vacant.

If this situation materialises, the Election Commission will, unless the conviction is overturned by a higher court, convene a special election to fill the vacancy.

Rahul Gandhi will not be permitted to run for office for the ensuing eight years if the ruling is not reversed by a higher court.

The Congressman will appeal the decision to a higher court, according to Gandhi’s legal team.

They will appeal to the Supreme Court if their request for a sentence reduction and a stay of execution is turned down.

According to experts, Gandhi was sentenced to a two-year term in a criminal defamation case under Section 499 of the Indian Penal Code, which is extremely uncommon.

Congress leader Rahul Gandhi was given a two-year prison sentence by the Surat court after it found him guilty of allegedly making a joke about “Modi’s surname” in 2019.

Purnesh Modi, a BJP MLA and former Gujarati, filed a complaint in which he claimed that Rahul Gandhi had said, “How come all the thieves have Modi as the common surname”, he added.

Earlier in an election rally, Rahul Gandhi made fun of a whole community in the lead-up to the elections in 2019 by saying, “Nirav Modi, Lalit Modi, Narendra Modi… how come they all have Modi as a common surname?” Why do all thieves share the surname Modi?

A complaint was made by Purnesh Modi, a BJP lawmaker from Surat, against the Congressman for disparaging the Modi community as a whole. Rahul Gandhi, the former president of Congress was arrested in accordance with Sections 499 and 500 of the Indian Criminal Code, which prohibit criminal defamation.