Lok Sabha membership of Congress leader Rahul Gandhi has been cancelled. On Friday, the Lok Sabha Secretariat issued a notification informing about the cancellation of Rahul Gandhi’s membership. On Thursday, the court sentenced Rahul Gandhi to two years imprisonment in the defamation case.
Wayanad MP Rahul Gandhi made this statement in Kolar, Karnataka during the 2019 Lok Sabha elections. He said “Why all these thieves have the surname Modi?” A criminal defamation case was registered against Rahul Gandhi.
Legal experts said, “This is not a case in which the Speaker needed to be in such a hurry. He should have postponed his decision for a month, because when the court itself has postponed its decision for a month, technically speaking, the sentence is suspended.”
1) Rahul Gandhi has the right to appeal against the Speaker’s decision to cancel his membership in the High Court or the Supreme Court. If Rahul does not get relief against the speaker’s decision, then he will have to appeal in the High Court and Supreme Court in the case of defamation and if he does not get a stay, then this process will go on and in the meantime election can be announced for Wayanad seat.
2) If the High Court reduces Rahul Gandhi’s sentence to less than two years, then it is possible that he will be eligible to contest elections in future or save his current seat.
3) Speaker’s order can be challenged in the High Court.
4) If the Election Commission declares the seat vacant and announces elections, then a third litigation can happen. The Constitution Bench of the Supreme Court has said that the order of the Election Commission can be challenged. So, if Rahul Gandhi wants to stop the election there, then as soon as the Election Commission declares the seat vacant, he will have to go to the High Court.
