CONGRESS leader Rahul Gandhi may have been granted bail in the Modi surname defamation case but the MP is still at risk of being disqualified from parliament following his conviction and a two-year jail sentence in the criminal defamation case, legal experts opined.
Though Mr Gandhi was granted bail and his sentence was suspended for 30 days to let him appeal the decision, the court’s order puts him at risk of disqualification as a member of parliament under the law, experts said.
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.
The Lok Sabha Secretariat can disqualify Rahul Gandhi and declare his Wayanad constituency vacant, said legal experts. The Election Commission will then announce a special election for the seat.
If the verdict is not cancelled by any higher court, Rahul Gandhi will also 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.
