For the last few days, there is one piece of news that is getting maximum attention from the media and social media is Rahul Gandhi’s disqualification from the membership of Lok Sabha. This happened because he was convicted by a Surat court in a defamation case, and he was given a sentence of two years in jail. As per the present laws, a sentence of two years and more attracts automatic disqualification of an elected representative, MP or MLA. Rahul Gandhi is not the first elected representative who has been disqualified on account of being convicted, and getting a sentence of more than two years. Here is the list:
1 Rahul Gandhi (Congress-MP from Wayanad, Kerala). Convicted for 2 years in a 2019 defamation case against the OBC Modi surname, in 2023.
2 Mohd, Faizal PP (NCP-MP from Lakshdweep). Convicted of 10 years for attempt to murder, in 2023.
3 Abdullah Azam Khan (SP-MLA from Suar, UP). Convicted in a criminal case for more than 2 years in 2023
4 Azam Khan (SP- MLA from Rampur, UP). Convicted in a criminal case for more than 2 years in 2022.
5 Viram singh Saini (BJP- MLA from Khatauli). Convicted for 2 years in 2022.
6 J Jayalalitha (AIADMK- CM, MLA from RK Nagar, Tamilnadu). Convicted for 4 years in a disproportionate asset case, in 2017. Deceased and abated.
7 Kamal Kishore Bhagat ( All Jharkhand Students Union-MLA from Lohardaga, Jharkhand). Convicted for more than 2 years in an attempt to murder case in 2015.
8 Suresh Halvankar (BJP_MLA from Ichalkaranji, Maharashtra). Convicted for 3 years in a power theft case in 2014.
9 TM Selvaganapathy (DMK-Rajya Sabha MP, Tamilnadu). Convicted for two years in a cremation shed case in 2014.
10 Babanrao Gholap (Shiv Sena- MLA from Deolali, Maharashtra). Convicted for 3 years in a disproportionate asset case in 2014.
11 Enos Ekka (Jharkhand Party- MLA from Kolebira, Jharkhand). Convicted in a criminal case for life imprisonment in 2014.
12 Asha Rani (BJP- MLA from Bijawar, MP). Convicted for abetting the suicide of maid, in 2013.
13 Rasheed Masood (Congress-Rajya Sabha MP from UP). Convicted for 4 years in MBBS seat scam in 2013.
14 Lalu Prassad Yadav (RJD- MP from Saran, Bihar). Convicted for 5 years in Fodder scam, in 2013.
15 Jagdish Sharma (JD U- MP from Jahanabad, Bihar). Convicted for 4 years in a Fodder scam in 2013.
16 Pappu Kalani (Ind MLA from Ulhasnagar, Maharashtra). He was convicted in a criminal case, in 2013.
So Rahul Gandhi is not alone in this list of disqualified people’s representatives.
Prior to 2013, the disqualification procedure was there, but after being convicted for more than 2 years the MP/MLA would approach the higher court to review the sentence, and till the case is decided by the higher court, these MPs/MLAs could not be disqualified. But in 2013, the Supreme Court (SC) gave the verdict in the Lily Thomas vs Union Government Of India Case gave the judgment that once any court convicts the MP/MLA for more than 2 years, then he or she automatically stands disqualified. Friends, some of you might remember that against this judgment the UPA 2 government issued an ordinance in 2013, that MP/MLA will not be disqualified till the higher court gives the decision. That time UPA 2 government by this ordinance was trying to save Lalu Prasad Yadav (alliance partner in UPA 2) from being disqualified. In the famous incident, when Rahul Gandhi tore this ordinance and said this ordinance should be thrown in the dustbin. In the end, UPA 2 withdrew the ordinance, and Lalu Prasad Yadav went to jail.
Now coming back to present Rahul Gandhi’s defamation case- what happened was that in an election meeting before the 2019 general elections, he said that “ Lalit Modi, Nirav Modi, Narendra Modi, going by this it looks like all the Modis are chor”. Now Modi in Gujarat and other states is one OBC community, and one MLA from Gujarat who also had the surname of Modi filed a defamation case in Surat Court. During the hearing of this case, the trial judge gave enough opportunity to Rahul Gandhi and his legal team to give an apology, but Rahul Gandhi was adamant and said that he is not going to apologise. So in the end trial judge gave the verdict, and gave bail to Rahul Gandhi, so that within the next 30 days he can approach the higher court, for getting a stay.
Now as per the legal experts, even if the higher court gives the stay order against 2 years imprisonment, still Rahul Gandhi will not get his membership in Lok Sabha back. As per the law once Parliament/Assembly issues a disqualification notice then that seat becomes vacant, and the Election commission has to hold a by-poll within 6 months.
To date, Rahul Gandhi and his legal team have not approached any higher court. The Congress Party is projecting Rahul Gandhi as a martyr, to encash the sympathy factor in the coming elections. Most of the opposition parties are backing Rahul Gandhi, and blaming the Modi government for non-democratic measures to silence opposition leaders, by the use of institutions like CBI, ED, and Courts against them.
Rahul Gandhi is proclaiming that “ I am not Savarkar, I am Gandhi and I will not apologise”. It seems that Rahul Gandhi forgets that a few years back in the famous “ Chowkidar Chor Hai” slogan case, he had tendered an unconditional apology to the SC. At that, the SC had warned him that he should be careful in his speeches, and should never use defamatory words against others. But Rahul Gandhi thinks, he is above the law, and still uses abusive and unparliamentary language while addressing the public.
The Congress party and its leader have started openly criticising the Modi government on every media platform, and the fact is that it was the trial court that pronounced the judgment and not the Modi government. If anyone is to be blamed then it is the highheadedness of Rahul Gandhi, his legal team, and his chamchas. Some of the Congress leaders had the guts and audacity to say that the trial judge should not have given this verdict, considering Rahul is from such an elite political family in the country. What the Congress party thinks, is that there should be separate laws for the Gandhi family.
The present Congress party is still harping on that they were instrumental in getting the freedom to the country, so they deserve special treatment. Whereas the fact is that it is not true, there were many other factors that were instrumental in getting India freedom, but these facts were conveniently hidden by the earlier Congress governments after the independence. Well, that is another story.
So whether Rahul Gandhi’s disqualification will benefit Congress, only time will tell. In the media there is another piece of news being circulated, and that Rahul has become a liability to the Congress party, and there are many leaders who do not want Rahul to lead the party in the 2024 general elections, and therefore they saw to it that he should be disqualified, and Rahul’s legal team was instructed accordingly.
Another news is that BJP saw to it that Rahul is disqualified so that there will be no one to give fight Narendra Modi in the next general elections. This seems to be very illogical because BJP thinks Rahul Gandhi in the election arena is their biggest campaigner, as his speeches are very funny and devoid of any logic etc, and this exposes Rahul’s immaturity in politics.
I could go on this topic for a long time but would end today’s blog here only.
Let us wait and watch for further developments in this matter.
Waiting for your views on this blog.
Anil Malik
Mumbai, India
27th March 2023
Prakash mahadalkar
Very interesting article. Gandhis feel that their name gives them immunity from any wrong doing and they are above law.
But those days are gone. Rahul has not won a single election for Congrss in last several years and he is truly a liability for the party.