Talking to thetheorist.in, sources in the Congress said Gandhi’s team of lawyers will move the higher courts against the jail term.
New Delhi: While some experts had said that Rahul Gandhi will not lose his Lok Sabha membership immediately as the Surat court has granted him a bail and 30 days to appeal against the verdict, some others had opined that his membership could get automatically cancelled as he was sentenced to two years in jail.
The latter happened on Friday and the Lok Sabha secretariat in a notice disqualified Gandhi as a Member of Parliament. So, what are the options before the Congress leader now?
Notably, the Section 8(3) of the Representation of the People Act, 1951, mentions that the very moment a Member of Parliament is convicted of any offence and sentenced for at least two years, she or he attracts disqualification.
Talking to thetheorist.in, sources in the Congress said Gandhi’s team of lawyers will move the higher courts against the jail term and if that does not help, they will approach the Supreme Court.
Also Read: Rahul Gandhi loses Lok Sabha membership day after Surat court verdict
However, they added that should the courts reject Gandhi’s appeal against the conviction, he will not be able to contest any election for the next eight years.
Sections under which Rahul Gandhi was convicted
The sections are which he was tried and convicted are 499 and 500 of the Indian Penal Code.
Section 499: Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.
Section 500: Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
As of now, the Wayanad seat is empty and the Election Commission of India (ECI) can call for elections to fill up the post.