Plea filed in Supreme Court challenging the validity of Rahul Gandhi's return as Lok Sabha MP

Rahul Gandhi's Lok Sabha membership was reinstated after his conviction for defamation was put on hold by the apex court earlier.

Updated on: Sep 5, 2023, 17:38:28 IST

By HT News Desk

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A petition has been filed in Supreme Court on Tuesday challenging the validity of Rahul Gandhi's return to Parliament as Lok Sabha MP. Challenging the Lok Sabha Secretariat notification on the reinstating of the Congress leader's membership, the plea said once a lawmaker loses his office following a conviction by a court of law, he can't return as an MP before the acquittal of all the charges.

Also read: ‘Attack on Union, and all states’: Rahul Gandhi slams ‘One Nation, One Election’

Rahul Gandhi was sentenced to two years' imprisonment in a criminal defamation case which led his disqualification as a parliamentarian as per the Representation of People Act, 1951. However, the apex court later put a stay on his conviction following which his Lok Sabha membership was reinstated.

The petition was filed by a Lucknow-based advocate who sought quashing of the Secretariat's notification reinstating Gandhi's membership. The plea mentioned that after being awarded two years' of imprisonment, Lok Sabha Speaker's decision was not right to restore Gandhi's lost membership.

"Rahul Gandhi lost his membership of Lok Sabha when he was convicted for defamation and was awarded two years sentence and as such the Speaker was not right in restoring his membership," the advocate said in the petition.

The petitioner further mentioned that the Lok Sabha Speaker was right to dismiss Gandhi's membership but ‘he was wrong when on the basis of an order passed by the Supreme Court staying the conviction, the order passed by him on January 13 was restored vide order impugned dated August 7’.

A local court in Gujarat's Surat convicted Rahul Gandhi for his remarks on Modi surname ahead of 2019 general election. He said, “How come all the thieves have Modi as the common surname?" at a rally in Karnataka, taking a dig at Prime Minister Narendra Modi.

After the conviction, the Congress leader moved the top court after receiving no relief from the sessions court and high court seeking a stay on the case.

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