Congress leader Rahul Gandhi was disqualified as an MP from the Wayanad Lok Sabha seat in compliance with the Surat trial court order, which had earlier convicted him in a criminal defamation case and sentenced him to two years, in a development which escalated BJP’s confrontation with Congress and widened its arc with many others in the opposition rallying for the Congress leader.
A Surat court sentenced Rahul to two years in jail in a 2019 criminal defamation case filed against him over his 'Modi surname' remarks. In the speech, he asked, “Why do all thieves have Modi as their surname?” Gandhi then referred to three well-known and unrelated Modis in the speech: a fugitive Indian diamond tycoon, a cricket executive banned from the Indian Premier League tournament and the prime minister.
Announcing his disqualification, the Lok Sabha Secretariat in a notification said that it was effective from March 23, the date of his conviction. The disqualification will bar 52-year-old Gandhi, a four-time MP, from contesting polls for eight years unless a higher court stays his conviction and sentence.
Gandhi, 52, told the court he had made the comment to highlight corruption and not against any community. The court of chief Judicial Magistrate HH Varma, which held Gandhi guilty under Indian Penal Code sections 499 and 500, also granted him bail and suspended the sentence for 30 days to allow him to appeal in a higher court, stated by the Congress leader's lawyer Babu Mangukiya.
As per Section 8 (3) of the Representation of the People Act, 1951, MP/MLA a convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of conviction, but Gandhi is out on bail for 30 days and plans to appeal.
But Gandhi’s lawyer B M Mangukiya said his client had not meant to insult anyone. He said “When the magistrate asked Gandhi what he had to say in his defence, the Congress leader said that he was fighting to expose corruption in the country,” Mangukiya told reporters outside the court. “His comments were not meant to hurt or insult any community.”
“The Modi government is a victim of political bankruptcy”, Congress president Mallikarjun Kharge said on Twitter. “We will appeal in the higher court.” Opposition lawmakers rallied to his defense, calling his expulsion a new low for India’s constitutional democracy.
Rahul agrees to vacate official bungalow
Meanwhile, Rahul has agreed to vacate his official bungalow at 12 Tughlak Lane, after being disqualified as a member last week. In a letter addressed to the Lok Sabha Secretariat, he wrote, “As an elected member of the Lok Sabha for the last 4 terms, it is the mandate of the people to which I owe the happy memories of my time spent here.” He added, “Without prejudice to my rights, I will, of course, abide by the details contained in your letter”. He was given the notice by the house committee on March 27 and was asked to vacate it within 30 days.