Rahul attending House likely triggered Lok Sabha to issue notification against him

Congress leader Rahul Gandhi attending the Lok Sabha on Friday, a day after a Surat court convicted him of defamation, was likely the trigger that forced the Lok Sabha Secretariat to act immediately to notify his disqualification, sources said.

The SC of India, in its judgement in the Lily Thomas vs Union of India case in 2013, along with the Lok Prahari vs Union of India case of 2018, ruled that any MP, MLA or MLC convicted of a crime and given a minimum of two years imprisonment loses membership with immediate effect.

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Sources said the Surat court delivered its judgement on Thursday, but neither Rahul Gandhi nor Congress put on record in the court that they disputed its ruling. Moreover, despite being aware of the court ruling, Rahul attended the Lok Sabha on Friday. This forced the LS Secretary General to issue the notification disqualifying the Congress leader in accordance with the Representation of the People Act without delay, sources said.

While Rahul stood disqualified immediately after the Surat court’s order, the LS Secretariat notification was a formality, senior Advocate K V Dhananjaya said.

According to him, the Lok Sabha Secretary General could have faced the prospect of being blamed for not following the Representation of People Act if he had failed to notify disqualification despite knowing that Rahul attended the House after conviction.

“The Secretary General of LS performed his duty in accordance with the law and issued the notification,” he said.

To a question on getting a certified copy of the judgement, Dhananjaya said there is an arrangement in all courts where whenever any elected representative is convicted, to communicate to the concerned legislature immediately by fax or other modes of communication.

The advocate said Rahul could now move the Delhi HC with the plea that the LS Secretariat not to communicate to the EC for holding a bypoll in Wayanad till his appeal was heard by the Surat session Court against the lower court’s order.

A senior government functionary on Thursday said the government was not in a hurry to disqualify Rahul as it didn’t want him to get sympathy. PM Narendra Modi along with some of his cabinet colleagues met LS Speaker Om Birla on Thursday evening, soon after the Lower House was adjourned for the day. The Speaker’s office termed it a courtesy visit.