The nomination of Congress leader and Wayanad Lok Sabha constituency representative Rahul Gandhi was withdrawn. In the Abrunksani case, Rahul Gandhi was found guilty on Thursday. Following the punishment, Rahul Gandhi’s parliamentary candidacy was cancelled the next day.

Opponents of the BJP in both the central and the state have criticised this action. The state’s budget session is now in session, and when the opposition learned of this move, they walked out in protest.

Protest against the cancellation of Rahul Gandhi’s MP

About this incident, Congress President Mallikarjun Kharge stated, “They were expelled from the chamber to silence those advocating for the rights of the people. Nirav Modi and Lalit Modi, who departed the nation with large sums of money, were they members of the underclass? It is attempting to create the impression that Rahul Gandhi criticized backward classes. They could not endure the reality presented by Rahul Gandhi to the nation.”

Congress MLA Prithviraj Chavan stated, in reference to this decision, that on the one side, it is a devious attempt to quiet Rahul Gandhi’s voice by punishing him and keeping him in jail for two years, and on the other hand, by revoking his MP. Ajit Pawar, the state’s leader of the opposition, also criticised this behavior and stated, “I cannot recall anybody wasting their legislative tenure in this manner since the country’s independence.

This is inconsistent with the Constitution and the democratic process. The law has granted everyone the freedom of expression. Today’s decision by the Lok Sabha would shake the foundations of democracy. We denounce this decision”

“Why do all thieves have the surname Modi?” During campaigning for the 2019 Lok Sabha elections, Congress leader Rahul Gandhi made such a comment. In this case, the Surat District and Sessions Court in Gujarat sentenced Rahul Gandhi to two years in prison for slander. The defendant was then given bail and his sentence was suspended for thirty days. Is Rahul Gandhi’s candidacy at risk following his conviction?

Maha Vikas Aghadi MLAs walk out over Rahul Gandhi's MP cancellation 2023 2

Protesting Rahul Gandhi’s MP annulment

Such a conversation started following this sentence. Senior jurist and former Union Law Minister Kapil Sibal voiced his disappointment with the judgment, stating that it was unusual, but added that since Rahul Gandhi was sentenced to two years, he was immediately disqualified from his position as an MP.

Even if the court postponed the punishment, according to Sibal, Rahul Gandhi would be disqualified as an MP. If he want to become a representative, his conviction must be suspended. Sibal stated that if an MP is sentenced to two years in prison, his seat in the Lok Sabha falls vacant. Sibal, while discussing the 2013 Central Government v. Lily Thomas case and its judgement, stated that in this instance, the Supreme Court had ruled that any MLA or MP convicted and sentenced to a minimum of two years in jail would forfeit their membership in the House immediately.

According to the Representation of the People Act…

According to Section 8(3) of the Representation of the People Act of 1951, if an MLA or MP is sentenced to a term of imprisonment of two years or more, his membership will be revoked on the same day and he would be disqualified from running for office for six years. In this case, however, the sessions court has suspended Rahul Gandhi’s sentencing for 30 days. In the meanwhile, they will file an appeal with the High Court. According to eminent constitutional scholar Subhash Kashyap, there is currently no risk to Rahul Gandhi’s representative.

Speaking at a rally in Kolar, Karnataka, during the 2019 Lok Sabha election campaign, Narendra Modi questioned, “Why are all the thieves named Modi?” Rahul Gandhi posed the corresponding question. On the basis of this comment, Purnesh Modi, a Gujarati BJP legislator, brought a defamation suit against him at the Surat Sessions Court. In the appeal, Purnesh Modi claimed that Rahul Gandhi had insulted the whole Modi community.

Presence of Rahul Gandhi in court

When the hearing took place at the Surat District Sessions Court, Rahul Gandhi was present. Then, Sessions Judge H. H. Does Verma have an opinion to express? So asked Rahul Gandhi. About this, I frequently speak out against corruption. I have not purposefully talked against anyone. This resulted in no injuries,” stated Rahul Gandhi. Judge Verma subsequently convicted Rahul Gandhi under sections 499 and 500 of the Indian Penal Code and imposed a two-year jail term. In addition, the punishment was deferred for 30 days and bail was granted within a short time frame.