Rahul Gandhi LS membership: The Supreme Court immediately (December 4) adjourned a PIL challenging the restoration of Lok Sabha membership of Congress leader Rahul Gandhi, who was disqualified after a courtroom sentenced him to 2 years’ imprisonment in a felony defamation case over ‘Modi surname’ comment. A bench of Justices BR Gavai and PS Narasimha adjourned the hearing in view of a letter searching for adjournment of the case.
Gandhi was sentenced to 2 years’ imprisonment which disqualified him as an MP from Kerala’s Wayanad below the rigours of the Representation of People Act. Supreme Court later stayed his convicted and thereafter his Lok Sabha membership was restored. Lucknow-based advocate Pandey moved the highest courtroom searching for a quashing of the notification of Lok Sabha by which Gandhi’s membership was restored.
Pandey mentioned that after Gandhi misplaced his Lok Sabha membership, after being convicted in a felony defamation case and was awarded two years of imprisonment, the Speaker of the Lok Sabha was not proper to revive his misplaced membership. The plea submitted that after a member of Parliament or a state legislature loses his workplace by operation of Law in Article 102, 191 of the Constitution learn with part 8 (3) of the Representation of People Act 1951, he’ll proceed to be disqualified until he’s acquitted from the fees levelled in opposition to him by some greater courtroom.
“Rahul Gandhi lost his membership of Lok Sabha when he was convicted for defamation and was awarded a year sentence and as such the Speaker was not right to restore his membership,” the plea acknowledged.on July 7 the Gujarat High Court affirmed the choice of a Gujarat Sessions courtroom, which had refused to placed on maintain a magisterial courtroom order on March 23 convicting Gandhi and handing out the utmost punishment offered for felony defamation below the Indian Penal Code. Rejecting Gandhi’s plea, the High Court had mentioned that he had been searching for a keep on his conviction on “absolutely non-existent grounds” and {that a} keep on conviction shouldn’t be a rule however an exception.
Rahul Gandhi’s remarks on PM Modi surname:
In March, the magisterial courtroom had convicted Gandhi for his remarks forward of the 2019 nationwide polls concerning the ‘Modi’ surname. After the magisterial courtroom convicted Gandhi, he approached the Sessions courtroom, which rejected his plea for a keep on his conviction on April 20. Thereafter, he approached the High Court. He later approached the apex courtroom for aid. Congress leader was sentenced to 2 years in jail on March 23 below sections 499 and 500 (defamation) of the Indian Penal Code (IPC) in a case filed by Purnesh Modi. At a rally in Karnataka’s Kolar in April 2019, Rahul Gandhi, in a dig at Prime Minister Narendra Modi, mentioned, “How come all the thieves have Modi as the common surname?”.
(With companies inputs)Â
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