Plea filed in SC challenging Representation of the People Act that took away Rahul Gandhi’s MP status

A petition has filed in Supreme Court challenging automatic disqualification of representatives of elected legislative bodies after conviction. According to Bar and Bench, the petitioner has challenged the constitutional validity of Section 8(3) of the Representatives of People’s Act, 1951. 

The plea comes a day after Congress leader Rahul Gandhi was disqualified as a Lok Sabha MP following his conviction in a 2019 defamation case. The Congress said that it will fight the battle legally and politically, with Opposition leaders across the spectrum rallying in Gandhi's support.

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The plea seeks direction that automatic disqualification under Section 8 (3) be declared as ultra vires of the Constitution of India, for being arbitrary, illegal. The plea by Ph.D. scholar and social activist Aabha Muralidharan.

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As per Section 8 (3) of the Representation of the People Act, 1951, MP/MLA convicted of any offense and sentenced to imprisonment for not less than two years shall be disqualified from the date of conviction, stated the complaint.

The plea further contended that the Lily Thomas judgment of the SC which struck down Section 8(4) of the Act, is being misused.

"The operations of Lily Thomas are being blatantly misused for wreaking personal vengeance in political parties and the present scenario provides a blanket disqualification, irrespective of the nature, gravity, and seriousness of the offences, allegedly against the concerned Member, and provides for an “automatic” disqualification, which is against the principles of Natural Justices, since various convictions are reversed at the appellate stage, and under such circumstances, the valuable time of a member, who is discharging his duties towards the public at large, shall be rendered futile," the petition stated.