Home/ News / India/  Rahul Gandhi disqualified! List of MPs disqualified due to court's conviction

Congress leader Rahul Gandhi disqualified from Lok Sabha on Friday following his conviction in the criminal defamation case over his 'Modi surname' remark. Gandhi was convicted by the Surat court for his 2019 remark on Prime Minister Narendra Modi yesterday. After the court's order, the debate sparked on the internet about whether the Congress leader will be barred from Lok Sabha. While some legal experts have said that the Wayanad MP is "automatically" disqualified with the conviction, others say he can overturn his own disqualification.  However, today, the Lok Sabha secretariat confirmed that Gandhi has been disqualified from Parliament.

Gandhi "stands disqualified from the membership of Lok Sabha", parliament said, referring to Lok Sabha.

Here is a list of politicians who were disqualified from their political power in the past due to courts' convictions:

Mohammad Faizal, MP, Lakshadweep: He was convicted by a sessions court in an attempt to murder case on 13 January 2023.

Lalu Prasad Yadav, MPP, Saran: The Rashtriya Janata Dal chief was convicted in a fodder scam and was disqualified from Lok Sabha in 2013.

Azam Khan, MP, Rampur: He was convicted in a 2019 hate-speech case. The Uttar Pradesh assembly announced Khan's disqualification after Rampur Court announced his conviction.

Other politicians who were disqualified upon their convictions include Late Tamil Nadu Chief Minister J Jayalalithaa, Rajya Sabha MP Rasheed Masud, and MLA Abdullah Azam Khan.

What does the law see on the disqualification of MLAs/MPs?

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.

Kapil Sibal, senior advocate and formerly with the Congress party also said that Gandhi is disqualified as an MP with his two-year jail sentence.

"If it (the court) only suspends the sentence, that's not enough. There has to be a suspension or stay of conviction. He (Rahul Gandhi) can stay on as a member of parliament only if there is a stay on the conviction," Sibal told a TV channel.

If the high court doesn't cancel the verdict, then Gandhi will also not be allowed to contest the election for the next eight years, Sibal added.

Meanwhile, Rahul Gandhi's legal team is trying to change challenge the verdict in a sessions court.

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Updated: 24 Mar 2023, 02:30 PM IST
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