Rahul Gandhi has got a big blow from Surat court. The court sentenced him to two years in the defamation case. Under the rule, if the sentence is two or more than two years, the membership of Parliament or Legislative Assembly is taken away.
His statement given to Rahul Gandhi ‘Why are all thieves with Modi surname only?’ has been found guilty of criminal defamation. For this statement given in 2019, the court sentenced Rahul Gandhi to two years.
As per rule if MLA or MP leaves after two years of service. At present, the Surat court has granted bail to Rahul Gandhi in this case.
The statement was given during the election campaign in Karnataka
This defamation case against Rahul Gandhi is four years old. He had made objectionable remarks in Karnataka during the last Lok Sabha election campaign of 2019. During an election speech in Kolar, Karnataka, Rahul Gandhi had said that ‘how can all thieves bear the surname of Modi?’ After this statement of Rahul Gandhi, BJP MLA from West Surat Purnesh Modi has filed a criminal defamation case against Rahul Gandhi.
He said that Rahul Gandhi has insulted the entire Modi community. After this the matter reached the court of Surat. During the hearing of this case, Rahul Gandhi had to appear in the Surat court on 9 July 2020 as well.
Know the rule of snatching membership
Senior Supreme Court lawyer Ashwini Upadhyay said, “As per Section 8 of the Representation of the People Act, imprisonment for two years or more can disqualify an MP or MLA from membership.” Apart from this, there is also a provision of ban on contesting elections during six years of serving the sentence. If the upper court does not ban the sentence, then the membership of the Parliament can also be lost. Upadhyay said that if the High Court only bans the punishment, then Rahul’s membership will not go away.
Rahul contested the last Lok Sabha elections from two seats.
Rahul is currently a Lok Sabha MP from Wayanad in Kerala. He also contested the last Lok Sabha election from Amethi seat in Uttar Pradesh where he was defeated by BJP candidate Smriti Irani. Smriti Irani is currently a minister in the central government. However, Rahul Gandhi is also on target for his statements in London. The work of Parliament has come to a standstill due to the demand for an apology from him.