'Rahul Gandhi Faces Immediate Disqualification': Says Senior I&B Adviser Kanchan Gupta

Congress MP Rahul Gandhi was convicted바카라 웹사이트in a 2019 criminal defamation case over his alleged "Modi surname" remark on Thursday.바카라 웹사이트

Following the verdict in the defamation case, speculation was ripe about his disqualification as a Member of Parliament.바카라 웹사이트As per the Representation of the People Act, a person sentenced to imprisonment of two years or more shall be disqualified "from the date of such conviction" and remain disqualified for another six years after serving time.

Kanchan Gupta, senior adviser, Ministry of Information and바카라 웹사이트Broadcasting said that Rahul Gandhi is바카라 웹사이트staring at disqualification because he was convicted in a criminal case and handed a two-year prison term for the same.

In a series of tweets, he referred to the바카라 웹사이트Lily Thomas vs Union of India judgement of 10 July 2013, Supreme Court of India ruled that 'any MP, MLA or MLC who is convicted of a crime and given a minimum of 2 years' jail, loses membership of the House with immediate effect'.

"Supreme Court of India's 10 July 2013 judgement negates previous position which allowed convicted MPs, MLAs, MLCs to retain their seats until they had exhausted all judicial remedy in lower, state and Supreme Court of India," he said.바카라 웹사이트

He further said that judgement바카라 웹사이트had also struck down Section 8(4) of Representation of the People Act, which allowed elected representatives 3 months to appeal their conviction, as 'unconstitutional'.

He quoted바카라 웹사이트an example of바카라 웹사이트Abdullah Azam Khan, SP MLA, who바카라 웹사이트was immediately disqualified from Uttar Pradesh Assembly after a trial court convicted him to two바카라 웹사이트years in prison in criminal case.바카라 웹사이트"In a democracy, nobody, absolutely nobody is above the law. All are equal. The law, therefore, equally applies to Rahul Gandhi," he said.바카라 웹사이트