Rahul Gandhi not only needs stay on conviction but order to restrain EC from announcing bypoll, say experts

A day after his conviction and sentence of two years jail term in a defamation case, the Lok Sabha secretariat on Friday declared Congress leader Rahul Gandhi disqualified as a Member of Parliament (MP) from Wayanad constituency.

The development has left him with the only option to get the judgement stayed in order to prevent any precipitative action from the Election Commission (EC) to notify the bypoll on his seat.

According to experts, Rahul Gandhi would not only have to file an appeal against the judgement of the Surat court in a sessions court, but he also has to file a writ petition in the High Court or the Supreme Court to restrain the EC from taking any further action.

Also Read | Wayanad Lok Sabha seat declared vacant after Rahul Gandhi's disqualification

Recently in case of Lakshadweep MP Mohammed Faizal P P, who stood convicted and sentenced to 10 years jail in an attempt to murder case, the EC on January 18 this year issued a press note indicating bypoll on the basis of the vacancy on his seat declared by the Lok Sabha on January 13, 2023.

The Kerala High Court on January 25, 2023 stayed his conviction and suspended the sentence.

In a writ petition before the top court, he claimed the action initiated by the EC was "mala fide and arbitrary". The top court, however, disposed of his plea after recording a submission by the EC that the action will be taken in accordance with the law only.

In case of Rahul Gandhi, the notification issued by the Lok Sabha secretariat can be annulled or taken back only after securing a stay on his conviction by the higher court.