Lok Sabha secretariat has issued a notification restoring India’s main opposition leader Rahul Gandhi as a member of the parliament. This was due to the supreme court’s suspension of the conviction of Rahul Gandhi for a case of defamation.
A complaint of defamation was filed by BJP MLA and former Gujarat minister Purnesh Modi under section 499 and 500 of the Indian penal code, 1860 against Rahul Gandhi for his controversial remark “Why do all thieves have Modi as their surname?” in a lower court in Gujarat, who convicted and sentenced him with 2 year imprisonment.
Although Rahul Gandhi’s sentence was suspended and was granted bail in the case to move an appeal within 30 days by the court of chief judicial magistrate HH Varma, his conviction was not suspended. This led to the disqualification of Rahul Gandhi, MP
Representing Kerala’s Wayanad constituency as a Loksabha member in terms of the article 102(1)(e) of the constitution read with section 8 of the Representation Of The People’s Act, 1951.
According to the Representation Of The People’s Act, 1951 a person would be disqualified from their membership of either Houses of Parliament or the state legislative assembly or council if convicted and sentenced to imprisonment for 2 years or more and shall continue to be disqualified for a further period of 6 years after their release.
Rahul Gandhi was allowed to return to the Parliament and contest a general election which is to happen next year, due to the suspension of his conviction by the Supreme Court of India.
MP Shashi Tharoor welcomed Rahul Gandhi to the Parliament and stated that “He can now resume his duties in the Lok Sabha [lower house of parliament] To serve the people of India and his constituents… A victory of justice and for our democracy”.
Written by: Abhirami Sudheer Elayadath, College: Government Law College, Kozhikode, Kerala , Semester: 4th semester of 3year LLB an intern under Legal Vidhiya
