New Delhi: Congress leader Rahul Gandhi on Friday lost his Lok Sabha membership after a Surat court convicted him in the ‘Modi Surname’ defamation case. 

The Lok Sabha Secretariat issued a notification notifying that the Parliament membership of Waynad MP Rahul Gandhi stands canceled from March 23 under Section 8 of Article 102 (1) (E) of the Constitution and the Representation of the People Act, 1951.

Now let’s understand, what was the case?, and What could be Rahul’s next steps

In which case was Rahul Gandhi convicted?

In 2019 while addressing a political rally Rahul Gandhi made an alleged derogatory remark against the ‘Modi’ surname. After this, a defamation case was registered against him by Gujarat BJP MLA Purnesh Modi in Surat.

The Surat district court completed the hearing on March 17 and reserved the judgment. On March 23, the court pronounced the verdict in which Rahul Gandhi was convicted in a defamation case and sentenced to 2 years in Jail. However, Rahul Gandhi got bail for 30 days to challenge the court judgment in the higher court.

What option does Rahul Gandhi have now?

According to law experts, Rahul Gandhi can avoid his disqualification as MP, if a higher court overturns his conviction. In the next 30 days, he will have to challenge the district court order in the High court and further in the Supreme court. 

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What does the law say?

Just after the Surat court pronounced the 2 years jail sentence, many legal experts anticipated that Rahul Gandhi’s membership in Parliament may be canceled.

According to Section 8 (3) of the Representation of the People Act, 1951, if a Member of Parliament is convicted of any crime, and is sentenced to imprisonment for at least two years then his/her membership in the parliament will be nullified from the day of conviction.

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