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Rahul Gandhi: Rahul Gandhi has been sentenced to two years in a defamation case by a court in Surat. In the case of making objectionable remarks on the Modi surname, the court has sentenced him to this punishment. However, after the sentence, the court has also given him one month’s bail, so that during this period Rahul Gandhi can approach the higher courts. Meanwhile, the question is also arising whether Rahul Gandhi’s parliament membership can go. That means he will not remain an MP. In such a situation, let us know what is the opinion of the experts regarding this.
What do experts say: Rahul Gandhi Lawyers working closely with the Election Commission on the membership of the Congress say that Rahul Gandhi’s disqualification has come into immediate and automatic effect after his conviction. The former senior legal advisor of the Election Commission also says that the only option for not going to membership is if the trial court itself or the appellate court stays his sentence or the court reduces the term of his sentence.
Membership is canceled on conviction of more than two years: Section 8(1) and (2) of the Representation of the People Act, 1951 provides that if a Member of Parliament or an MLA commits murder, rape, enmity on grounds of religion, language or region, terrorist activity or insult to the Constitution If he is involved in crimes like doing so, his membership of Parliament and Legislative Assembly will be cancelled.
What the law says: Section 8(3) of the same Act provides that membership of an MLA or MP can be canceled after being convicted for offenses other than these offenses and sentenced to imprisonment for more than two years and for six years. Can be banned from contesting elections. This act gives the members up to three months to retain their seat, within this period they have to appeal to the higher court, otherwise their membership can be canceled after the sentence.
That is, from the day the sentence is pronounced and it is more than 2 years, then disqualification comes from the same day. In this episode, Rahul Gandhi has become disqualified under section 8(3) of the Representative Act. Legal experts say that if his sentence is stayed by the upper court, he will not be disqualified.
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