New Delhi: Senior Congress leader Rahul Gandhi was disqualified from his membership of the Lok Sabha, and barred from contesting election for the next eight years.
The decision was taken after a Gujarat Court convicted Gandhi in the criminal defamation case over his ‘Modi surname’ remark.
What are the options left for him?
Rahul Gandhi will have to move quickly to get a stay order from the higher court in connection with the case. The Surat Court has currently put a stay on his sentence and not the conviction in the defamation case.
Talking about the way ahead for the grand old party, Congress leader and advocate Abhishek Manu Singhvi flagged issues with the proceedings of the Surat Court and further added that Article 103 of the Constitution states that the disqualification should have been decided by the President.
Article 103 states that “If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause ( 1 ) of Article 102, the question shall be referred for the decision of the President and his decision shall be final.”
According to reports, in a bid to save his Wayanad MP seat, a stay on the order will not be enough. Rahul Gandhi will require acquittal in the case ahead of the by-elections for the Wayanad Parliamentary seat.
In a scenario of stay in connection to the case, Rahul Gandhi will have to inform Lok Sabha Secretary about the stay order and urge him to nullify the disqualification.
Singhvi in the press conference added that “We are confident that we will get a stay on his conviction, which will, in turn, remove the very basis of this disqualification. We have full faith in the law. We believe we will emerge victorious in the near future.”
In case the Lok Sabha Secretary does not cancel the disqualification, Rahul Gandhi has the right to move to court and challenge the decision.
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