![\"Rahul](\"https:\/\/c.ndtvimg.com\/2023-03\/q4pno338_rahul-gandhi-cambridge_625x300_03_March_23.jpg\"\/ "\\"Rahul")
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Rahul Gandhi was convicted of criminal defamation by a court in Gujarat.<\/p>\n<\/div>\n
New Delhi: <\/b><\/p>\n
Congress leader Rahul Gandhi may be at risk of being disqualified from parliament following his conviction and a two-year jail sentence in a 2019 criminal defamation case, some legal experts said on Thursday.<\/p>\n
Though Mr Gandhi was granted bail and his sentence was suspended for 30 days to let him appeal the decision, the court’s order puts him at risk of disqualification as a member of parliament under the law, experts said.<\/p>\n
Section 8(3) of the Representation of the People Act, 1951, says that the moment a member of parliament is convicted of any offence and sentenced for at least two years, she or he attracts disqualification.<\/p>\n
According to experts, based on the Surat court order, the Lok Sabha Secretariat can disqualify Rahul Gandhi and declare his Wayanad constituency vacant.<\/p>\n
The Election Commission will then announce a special election for the seat.<\/p>\n
This scenario comes into play unless the conviction is put on hold by a higher court.<\/p>\n
If the verdict is not cancelled by any higher court, Rahul Gandhi will also not be allowed to contest elections for the next eight years.<\/p>\n
According to Mr Gandhi’s team, the Congress leader plans to challenge the verdict in a higher court.<\/p>\n
If the appeal for suspension of sentence and a freeze on the order is not accepted there, they will make their way up to the Supreme Court.<\/p>\n
Experts also said that a two-year sentence in a criminal defamation case under Section 499 of the Indian Penal Code, under which Mr Gandhi was convicted, is extremely rare.<\/p>\n<\/div>\n
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