Congress leader Rahul Gandhi has been sentenced to two years in jail, and the Lok Sabha Secretariat has disqualified him. The disqualification has raised questions about whether Rahul will be barred from contesting any election for the next eight years, as per the Representation of the People Act. If Rahul appeals in the high court, will he be disqualified? Can he contest in the 2024 general elections?
The case has drawn parallels with the recent disqualification of Lakshadweep MP Mohammad Faisal. Faisal was sentenced to ten years in prison for attempted murder and was immediately disqualified. However, he challenged the conviction and sentence in the high court, which stayed his disqualification. The Kerala High Court made important comments while giving directions in favor of Faisal. The court made it clear that this decision was taken in view of the extraordinary and irreversible consequences of Faisal’s disqualification. The court also said that it was necessary to avoid a by-election that would burden the national exchequer and that development works in Lakshadweep would stop for a few weeks due to the by-elections.
The court clarified that if the conviction of a public representative is stayed, then the disqualification will not apply. In the case of Lok Prahari v. Central Election Commission, the Supreme Court had recalled the decision in 2018. The Center had argued that a public representative is automatically disqualified as soon as they are found guilty, and their membership of Parliament cannot be restored. However, the High Court did not agree.
Rahul has challenged the two-year jail sentence in the defamation case in the high court, and his appeal is being heard. The verdict on his appeal may shed light on his disqualification from the Lok Sabha.
