Rahul Gandhi No Longer An MP After Jail Sentence In 'Modi Surname' Case

In a huge setback for the Congress party, its former president Rahul Gandhi has been disqualified from the Lok Sabha because of his conviction in a 2019 criminal defamation case. The Lok Sabha Secretariat also declared his constituency vacant. The Election Commission can now announce a special election for the seat. Congress has called it a 'conspiracy' to silence the Wayanad MP, who has been questioning Prime Minister Narendra Modi's alleged relationship with billionaire industrialist Gautam Adani, whose business empire has come under scrutiny after allegations of stock manipulation and fraud.

"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(1)(e) of the Constitution of India read with Section 8 of the Representation of the People Act, 1951," the Lok Sabha Secretariat said in a notification issued today.

Section 8(3) of the Representation of the People Act, 1951, says that the moment a member of parliament is convicted of any offence and sentenced for at least two years, she or he attracts disqualification.

Responding to the notification, senior Congress leader Manish Tewari called the decision erroneous. "Lok Sabha secretariat cannot disqualify an MP. The President has to do it in consultation with the Election Commission," he told NDTV.

Shashi Tharoor, another senior Congress MP, said it bodes ill for democracy.

"I'm stunned by this action and by its rapidity, within 24 hours of the court verdict and while an appeal was known to be in process. This is politics with the gloves off and it bodes ill for our democracy," he tweeted.

I'm stunned by this action and by its rapidity, within 24 hours of the court verdict and while an appeal was known to be in process. This is politics with the gloves off and it bodes ill for our democracy. pic.twitter.com/IhUVHN3b1F — Shashi Tharoor (@ShashiTharoor) March 24, 2023

Congress units in several states this morning launched simultaneous protests, accusing the Centre of political vendetta. Karnataka police detained Congress state president DK Shivakumar and other party leaders and workers who were protesting against the Surat court verdict against Mr Gandhi.

The BJP has said the conviction has come from an independent judiciary after Mr Gandhi insulted the OBC community with his 'thief' remark.

Congress president Mallikarjun Kharge said his party is seeking answers as to who ran away with people's money, while the BJP is trying to distract from the main issue.

"They are talking of insult to backward classes. The Congress has always stood with and fought for the backward classes, scheduled castes and minorities. These people, who believe in Manu, talk of backward classes," Mr Kharge said.

Congress general secretary Jairam Ramesh also lashed out at Mr Nadda, saying he was distorting facts and indulging in "politics of defamation".

A court in Gujarat's Surat yesterday sentenced Rahul Gandhi to two years in jail in the case, filed on a complaint by BJP MLA Purnesh Modi for his alleged remark, "How come all thieves have Modi as the common surname?" The court also granted him bail and suspended the sentence for 30 days to allow him to appeal to a higher court.

Rahul Gandhi can now challenge the decision in court. Congress leaders have questioned the legality of the move, saying it is only the President who can disqualify MPs in consultation with the Election Commission.

If the verdict is not cancelled by any higher court, Rahul Gandhi will not be allowed to contest elections for the next eight years.

According to Mr Gandhi's team, the Congress leader plans to challenge the verdict in a higher court.

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