Rahul Gandhi disqualified as MP after conviction in a defamation case. What next?  

Senior Congress leader Rahul Gandhi. (File photo - PTI)

Senior Congress leader and Member of Parliament from Kerala’s Wayanad Rahul Gandhi has been disqualified from the Lok Sabha following his conviction in a 2019 defamation case by a Surat court that sentenced him to two years in prison.

The Gandhi scion was held guilty on March 23 by a Chief Judicial Magistrate (CJM) in the Gujarat town under Sections 499 and 500 of the Indian Penal Code, which deal with criminal defamation.

CJM HH Varma said if Gandhi were to be given a more lenient punishment, it would send a wrong message to the public; the purpose of the anti-defamation law would not be met, he said.

Read: MC Explains: Why was Rahul Gandhi disqualified after conviction?

The case against Rahul Gandhi

On April 13, 2019, days ahead of the general elections, Gandhi remarked at a public rally in Karnataka’s Kolar: “How come all the thieves have Modi as a common surname?”

Offended by his remarks, Purnesh Modi, a BJP Gujarat legislator, lodged a complaint against the Congress leader. Purnesh Modi, who also served as a minister, alleged Gandhi had hurt the sentiments of and defamed the entire Modi community.

The legal battle went on for almost four years. After the final arguments on March 23, 2023, the court found Gandhi guilty of defamation and handed him a two-year prison sentence.

Gandhi appeared before the Surat court in October 2021 to record his statement and again on March 23, 2023.

He got bail by posting a bail bond of Rs 10,000. The court suspended the sentence for 30 days, giving him time to appeal in a higher court.

Lok Sabha disqualification 

The Lok Sabha Secretariat announced Gandhi’s disqualification through a notification on March 24.

It said: “Consequent upon his conviction by the Court of Chief Judicial Magistrate, Surat in CC/18712/2019 Shri Rahul Gandhi, Member of Lok Sabha representing the Wayanad Parliamentary Constituency of Kerala, stands disqualified from the membership of Lok Sabha from the date of his conviction i.e. 23 March, 2023 in terms of the provisions of Article 102 (10 (e) of the Constitution of India read with Section 8 of the Representation of the People Act, 1951."

Section 8 (3) of the Representation of the People Act states that the moment an MP is convicted of any offence and sentenced to a minimum of two years in jail, she or he attracts disqualification.

With the notification issued, the Election Commission of India can now announce a fresh election to the Wayanad parliamentary seat.

Read more: Congress leaders react sharply to Rahul Gandhi's disqualification from Parliament

What next? 

Gandhi can challenge the decision in a higher court and if he fails to get relief, he wouldn’t be able to contest an election for another eight years. Legal experts say Gandhi will now have to get his conviction stayed in the higher  court to overturn his disqualification.

The conviction can get stayed even in Sessions Court, said Faizan Mustafa, former vice-chancellor of NALSAR University of Law, Hyderabad. He also commented on the unprecedented nature of the action against the MP.

“This is for the first time an MP has been disqualified over criminal defamation case. It is one of the rare cases where someone has been convicted and sentenced two years’ imprisonment over a defamation case. Usually compensation is sought in defamation case. Two years sentence in a defamation case will only open a floodgate,” said Faizan Mustafa.

Section 8 (3) of the Representation of People Act says a parliamentarian will not be barred from contesting an election for a period of six years after completing his sentence.

Congress leaders have said the verdict would be challenged because it was “erroneous and unsustainable.”

“The issue before us is political even before legal. Both facets are important, but it’s a vital political issue for this country and leaders of all political parties. It is a political issue because, it signifies the systematic, repetitive emasculation of democratic institutions by the ruling party,” senior advocate and Congress leader Abhishek Manu Singhvi has said.

He also accused the ruling Bharatiya Janata Party of making mistakes after mistakes.

“There is a provision created in law specifically called Section 202.  The section prevents without jurisdiction mischievous prosecution complaints in areas where no cause of action has arisen. Rahul Gandhi made a speech in Kolar and has no connection with Surat and Section 202 cannot be nullified,” said Singhvi.

Singhvi questioned Lok Sabha’s decision to disqualify Rahul Gandhi. “Though the conviction is by a court in Rahul Gandhi’s case, the disqualification under Article 103 of the Constitution has to be by the President of India. And under Article 103, the President of India has to first disqualify Rahul Gandhi,” he said.