 "Rahul Gandhi is not alone. Before him, Lalu Prasad Yadav and others were disqualified")
Congress leader Rahul Gandhi was disqualified from Lok Sabha on Friday, a day after he was convicted by a Surat court in a 2019 criminal defamation case.
Announcing his disqualification, the Lok Sabha Secretariat in a notification said that it was effective from 23 March, the day of his conviction.
“Consequent upon his conviction by the Court of Chief Judicial Magistrate, Surat…Rahul Gandhi, Member of Lok Sabha representing the Wayanad Parliamentary Constituency of Kerala stands disqualified from the membership of Lok Sabha from the date of his conviction i.e. 23 March 2023,” the notification read, according to news agency PTI.
The court in Surat sentenced on Thursday Rahul Gandhi to two years in jail in a defamation case, filed on a complaint by BJP MLA Purnesh Modi for his alleged remark, “How come all thieves have Modi as the common surname?”
Following his disqualification, Rahul Gandhi would not be able to contest elections for eight years unless a higher court stays his conviction and sentence.
Well, this isn’t the first time an MP or an MLA has been disqualified over criminal cases.
Let’s take a look at some of the prominent leaders who were disqualified after they were convicted in a criminal case.
Also read: India's Rahul Gandhi disqualified as MP: What could be the Congress leader's next step
Lalu Prasad Yadav, Lok Sabha MP
After being found guilty in a fodder scam case, the former Chief Minister of Bihar was disqualified in 2013.
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View AllHe received a five-year prison term for defrauding the government of Rs 970 crore in an animal fodder scam, according to Livemint.
He was an MP from Bihar’s Saran district.
Rasheed Masood, Rajya Sabha MP
When the Congress leader was found guilty in a criminal case in 2013, he became the first MP to be disqualified, reported India.com.
He was held guilty by the Supreme Court of participating in a scheme to fraudulently fill MBBS seats with “undeserving” candidates.
Masood received a four-year prison term.
PP Mohammed Faizal, Lakshadweep MP
According to Hindustan Times, PP Mohammed Faisal, a Nationalist Congress Party MP from Lakshadweep, was automatically disqualified after receiving a 10-year prison term in connection with an attempted murder case in January 2023.
The Kerala High Court did, however, later suspend his conviction and punishment.
The MP claims that the Lok Sabha Secretariat has yet to formally revoke his disqualification.
Azam Khan, Rampur MP
After being found guilty in a case involving hate speech directed towards Uttar Pradesh chief minister Yogi Adityanath, the Samajwadi Party leader was disqualified in 2019 by the UP Assembly Secretariat, reported Indian Express.
In this case, he received a three-year prison term.
Late former Tamil Nadu CM Jayalalitha
The leader of the AIADMK, J Jayalalithaa, was given a four-year prison term in a case involving disproportionate assets, and as a result, she was disqualified from the Tamil Nadu Assembly in September 2014, according to India.com.
She had to resign from her position as Tamil Nadu chief minister after being found unsuitable for the post.
Anil Kumar Sahni, Kurhani MLA
Anil Kumar Sahni, an RJD MLA, was expelled from the Bihar Assembly in October 2022 after receiving a three-year prison term for fraud, as per Hindustan Times.
He was found guilty of trying to use fraudulent Air India e-tickets to obtain travel benefits in 2012 without actually making the trips. At the time of the attempted scam, Sahni, who was a JD(U) Rajya Sabha MP at that time, had submitted claims totalling Rs 23.71 lakh.
Vikram Singh Saini, Muzaffarnagar MLA
Indian Express reported Vikram Singh Saini, a BJP member of the Uttar Pradesh Legislative Assembly, was expelled with effect from October 2022 after being given a two-year prison term in a Muzaffarnagar riots case from 2013.
Saini represented Khatauli in Muzaffarnagar as an MLA.
Pradeep Chaudhary, Kalka MLA
As per Hindustan Times, in January 2021, Congress MLA Pradeep Chaudhary was expelled from the Haryana Assembly after being given a three-year prison sentence in an assault case.
Kuldeep Singh Sengar, Bangarmau MLA
According to the report, following his conviction in a rape case, Kuldeep Singh Sengar was expelled from the Uttar Pradesh Legislature in February 2020.
Sengar, who was elected from Unnao’s Bangarmau constituency, had previously been kicked out of the BJP.
Abdullah Azam Khan, Rampur MLA
Abdullah Azam Khan, a Samajwadi Party MLA, was expelled from the Uttar Pradesh Assembly in February 2023, just days after a Moradabad court gave him a two-year prison term in a case that had been pending for fifteen years, reported The Hindu.
In the Legislature, he represented Suar in the Rampur district.
Anant Singh, Patna MLA
According to Hindustan Times, Anant Singh, an RJD MLA who had been convicted in a case involving the seizure of weapons and ammunition from his home, was expelled from the Bihar Assembly in July 2022.
Singh represented the Patna district’s Mokama as an MLA.
What are the rules for disqualification?
The complaint claimed that under Section 8 (3) of the Representation of the People Act (RPA), 1951, any MP or MLA convicted of a crime and given a term of at least two years in prison is barred from holding public office starting on the day of their conviction, reported Livemint.
Gandhi’s two-year prison sentence, according to renowned advocate and former member of the Congress party Kapil Sibal, disqualifies him from serving as a member of parliament.
“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 NDTV.
Indian Express reported that In accordance with Section 8(4), the disqualification does not take effect until “three months have passed” since the date of the conviction.
The former Congress president has a certain amount of time to appeal the verdict to the High Court.
Gandhi’s legal team is currently working to have the judgement overturned in a sessions court.
With inputs from agencies
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