Rahul Gandhi visits Parliament after Surat court conviction; Disqualification imminent, say experts

If a Member of Parliament is convicted of any offence and is sentenced for at least two years, he attracts disqualification, under Section 8(3) of the Representation of the People Act, 1951.

Congress leader Rahul Gandhi paid a brief visit to the Parliament on Friday morning even as conviction and a two-year jail sentence in a defamation case looms large on disqualification of his Lok Sabha membership.

Gandhi left soon after the Lok Sabha was adjourned till noon amid protests.

Mr Gandhi, a MP from Kerala's Wayanad, was convicted on Thursday and sentenced to two years in jail for his alleged remarks over the 'Modi' surname. A Gujarat court granted him bail for 30 day to appeal the decision.

Rahul Gandhi, Kharge arrive in K'taka, to address public rallyIANS

If a Member of Parliament is convicted of any offence and is sentenced for at least two years, he attracts disqualification, under Section 8(3) of the Representation of the People Act, 1951.

However, experts point out that Rahul Gandhi "automatically" stands disqualified as a MP due to his conviction and the two-year sentencing. Others maintain and hope that it can be avoided if he manages to get the conviction overturned by a higher court.

Gavel — A judge's gavel (Representational Picture)Rawpixel

Technically, the Lok Sabha Secretariat can disqualify Rahul Gandhi based on Thursday's explosive conviction by a Surat court, said experts. But the secretariat has not made any announcement in this regard.

Noted lawyer and BJP MP Mahesh Jethmalani told media that Rahul Gandhi stands disqualified under the law, but the decision has to be communicated to the Speaker. This leaves everybody look at the Speaker to take a decision on it or wait for a higher court's hearing.

(With inputs from IANS)