Modi Surname Case: 'Rahul gandhi will not be seen in parliament for 8 years', know why this is being said, know what is the provision in 5 points.
Rahul gandhi Disqualification: Under parliamentary rules, rahul Gandhi's membership can be saved in only one way, if the appeal is heard in the High Court.
Rahul gandhi News- Former congress President rahul gandhi has been convicted by the Sessions court of surat, gujarat in the defamation case of the year 2019. rahul gandhi has been sentenced to two years imprisonment by the court. Although rahul gandhi will not have to go to jail for the time being, due to this punishment due to his being a lok sabha mp under parliamentary rules, a crisis has arisen. Recently, the membership of Samajwadi Party's veteran leader Azam Khan and his son in the Uttar Pradesh Legislative assembly has been snatched for this reason. In such a situation, everyone is interested to know what are the possibilities in the case of rahul Gandhi.
There is a clear provision in the Representation of the people Act regarding this. According to this, membership will be tested if any mp or mla is sentenced to 2 years or more. In this test, he can be removed from the position of mp or mla, that is, his membership can be taken away. Not only this but if the membership is canceled, then he will not be able to contest elections for 6 years. The time for not contesting elections will start after the completion of his sentence. According to this, rahul Gandhi's lok sabha membership can be taken away and he will not be able to contest elections for the next 8 years. rahul gandhi is currently a lok sabha mp from wayanad seat in Kerala.
Being an mp of rahul gandhi, the surat district administration will send a copy of the verdict of the session court to the lok sabha secretariat and the election Commission. The lok sabha secretariat will put this matter before the speaker. If the Speaker of the lok sabha i.e. the speaker considers this matter appropriate under the rules of the Representation of the people Act, then he will cancel the membership of rahul Gandhi. This information will be given to the election commission so that the process of bye-election can be started by declaring the concerned lok sabha seat vacant.
At present, the surat Sessions court has granted bail to rahul after sentencing him. Along with this, 30 days have been given to appeal in the High Court. The congress has indicated that they will file an appeal at the earliest so that the bjp does not get a chance to question Rahul's membership. For this, congress has also called a meeting of opposition parties at 10 am on Friday. In this, preparations will be made to fight the battle on this issue even outside the court.
If rahul gandhi challenges this sentence in the gujarat high court, then the first attempt will be to get a stay on the decision of the surat Sessions Court. After the stay on the decision from the high court, rahul Gandhi's membership will remain till the decision in the case. If he does not get a stay in the high court, rahul will have to go to the supreme court and get a stay on the decision.
According to the rules, rahul gandhi cannot attend the parliament session as an mp until he files an appeal in the high court and the high court takes cognizance of his appeal and sets a date for hearing it.
In the Representation of the people Act, under Section 8(4), relief was given to MPs and MLAs. Under this relief, even after being convicted, they could file an appeal or revision petition against the verdict within 3 months. His membership was not rejected when this petition was filed. This section was declared illegal by the supreme court in the year 2013. The supreme court had arranged to immediately disqualify the MP-MLA and declare the seat vacant only after the conviction is proved.