Ashish Ranjan
Congress leader Rahul Gandhi will not be disqualified as a member of parliament if the appellate court vacates the conviction and suspends the two-year imprisonment sentence awarded to him by a Surat court in a 2019 criminal defamation case involving his alleged “Modi surname” remarks, according to legal experts on Thursday.
Rakesh Dwivedi, a senior attorney and constitutional law expert, cited the Supreme Court’s 2013 and 2018 decisions in the Lily Thomas and Lok Prahari cases to argue that suspension of sentence and stay of conviction are required to avoid disqualification as a lawmaker under the Representation of the People (RP) Act.
“The appellate court may vacate the conviction and sentence and grant parole for the defendant. In such a scenario, there will be no disqualification,” he said, adding, “However, politicians must choose their words with care to avoid legal trouble.”
The debate over Gandhi’s possible disqualification as an MP must take into account the legal position outlined in the apex court’s rulings and the pertinent provisions of the RP Act, he said.
Gandhi must also have his conviction postponed in order to avoid being disqualified as a lawmaker, according to an unnamed former senior Election Commission official and expert on electoral law who did not wish to be identified.
He stated that sentence suspension was distinct from conviction suspension.According to the Lily Thomas ruling, a conviction carrying a sentence of two years or more will result in automatic disqualification. In a later ruling in the Lok Prahari case, the Supreme Court ruled that if the conviction is suspended on appeal, the disqualification will also be suspended.
He stated that the Congress leader must also obtain a stay of execution from a superior court.
Former Lok Sabha Secretary General and Constitution expert P D T Achari stated that the period of disqualification begins as soon as the sentence is proclaimed. He stated that Gandhi is free to file an appeal, and if the appellate court vacates the conviction and sentence, the suspension will remain in effect.
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The ineligibility lasts for six years after the sentence has been concluded or served. “That means the disqualification will last eight years (if he is disqualified),” he said, adding that a disqualified person cannot run for office, participate in elections, or vote for a certain period of time.
