According to Section 8(3) of the Representation of the People Act, 1951, if a leader is sentenced to two years or more, he is debarred from contesting elections for six years from the date of conviction. There is provision. If any MLA or MP is found guilty then he/she is disqualified. They will have to leave their MLA or MP.
Rahul lost his membership under this rule. Senior Supreme Court advocate Ashwini Upadhyay says that the Surat court that sentenced Rahul has given Rahul a month’s time to file a petition against the verdict in the sessions court. Till then there is a stay on Rahul’s sentence, which means he will be saved from going to jail during this period.
Upadhyay further says that according to a Supreme Court judgement, suspension of sentence in such cases means that the convict is only relieved of going to jail, but other effects of the sentence will remain in effect.
For example, if someone is a member of Parliament or Legislative Assembly, then his membership will end, the right to vote will also end. Since the court has convicted Rahul. That’s why Rahul’s membership has been terminated as per rules.
What options does Rahul have now?
Senior Supreme Court lawyer Ashwini Upadhyay says that Rahul has only two options right now. He said that if he does not take legal action, Rahul Gandhi may have to go to jail in the coming days.
1. Will have to go to the Sessions Court against the sentence:
The Surat court which sentenced Rahul Gandhi has given him one month’s time. Within this one month, Rahul will have to file a petition in the sessions court against the court’s decision. After this, the future of Rahul Gandhi will depend on the decision of the court.
2. Can go to High Court-Supreme Court to save the membership of Parliament:
Rahul Gandhi’s Lok Sabha membership has been terminated as per the rules after the decision of the Surat court. In such a situation, if he wants to withdraw his membership, he will have to approach the High Court or the Supreme Court.
However, there is little hope that Rahul will get relief on this issue from the High Court or the Supreme Court. This is because Rahul has been proven guilty. In such a situation, if Rahul gets relief from punishment in the defamation case, then only he can retain his membership.