Petition In SC Challenges Rahul Gandhi's Reinstatement as Lok Sabha Member

Petition In SC Challenges Rahul Gandhi's Reinstatement as Lok Sabha Member

It asserts that when a legislator is stripped of their position due to a court conviction, they cannot assume office as an MP until all charges are acquitted.

FPJ Web DeskUpdated: Tuesday, September 05, 2023, 05:48 PM IST
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Rahul Gandhi | FPJ

On Tuesday, a petition was filed with the Supreme Court, contesting the legitimacy of Rahul Gandhi's restoration of his role as a Lok Sabha Member of Parliament. The petition questions the notification issued by the Lok Sabha Secretariat that reinstated the Congress leader's membership. It asserts that when a legislator is stripped of their position due to a court conviction, they cannot assume office as an MP until all charges are acquitted.

Rahul Gandhi received a two-year prison sentence in a criminal defamation case, resulting in his disqualification as a parliamentarian under the Representation of People Act, 1951. Nevertheless, the highest court subsequently temporarily halted his conviction, resulting in the reinstatement of his Lok Sabha membership.

The petition was submitted by an advocate based in Lucknow, who requested the annulment of the Secretariat's notification reinstating Gandhi's membership. The plea argued that, following a two-year prison sentence, the decision of the Lok Sabha Speaker to reinstate Gandhi's lost membership was incorrect.

"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 petition read.

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