India / How Rahul Gandhi did mistake by tearing down the ordinance 10 years ago

Rahul Gandhi Latest News: Rahul Gandhi is no longer a Member of Parliament. Congress, other opposition parties and BJP are giving reasons that suit their respective politics. But what is the truth? To understand why Rahul Gandhi lost his membership of Parliament, first of all see the letter of the Lok Sabha Secretariat, in which a notification has been issued to cancel Rahul Gandhi's membership of Parliament. Also know that the reason for Rahul Gandhi's loss of membership is because of the words that came out of his mouth. Rahul Gandhi had commented on Modi surname. Apart from this, 10 years ago, Rahul had reduced the dignity of the then Prime Minister during his own government by tearing the copy of the ordinance. Now BJP is telling the action taken against Rahul Gandhi as a punishment for his deeds.

What was said in the notification?

In the notification of the Lok Sabha Secretariat, it was said that in the court of Chief Judicial Magistrate of Surat, Rahul Gandhi has been sentenced to 2 years in the defamation case. In such a situation, the Parliament membership of Rahul Gandhi, MP from Wayanad, Kerala, is terminated from 23 March 2023. In the notification, this decision has been taken under the Representation of the People Act, 1951 under Section 8 of Article 102 (1) (e) of the Constitution. A copy of this notification has also been sent to Rahul Gandhi, in which the word former MP has been used instead of MP for Rahul Gandhi. At the end of the notification is the signature of Joint Secretary PC Tripathi.

2013 law for people's representative

Now you understand what is the whole process of membership of any public representative after being proved guilty in any case and getting punished? The Surat court sentenced Rahul Gandhi to 2 years in the Modi surname defamation case and according to the Supreme Court's decision in 2013, if any public representative gets a sentence of two years or more, his parliament membership will be canceled and Rahul Gandhi's case This happened in me too.

Does Rahul have the option to save membership?

But the question arises, does the public representative not have the option of saving his membership in this whole matter? It is not that the membership of the public representative can be saved. But for this he will have to stay his conviction from the higher court. Rahul Gandhi can go to the higher court. But in order to contest the elections, they have to get their convictions stayed, that is, if the convictions are stayed by the Sessions Court, High Court or Supreme Court, then they can contest the elections.

Will Rahul's membership be restored?

Here it is also interesting to know whether Rahul Gandhi can become a Member of Parliament from Wayanad again, so these avenues are also open for Rahul Gandhi. This is possible after a stay on the conviction from the higher court. Provided that elections have not been conducted in Wayanad. After staying the conviction, Rahul will inform the Lok Sabha Secretariat and ask to withdraw the notification.

But is it so easy to get a stay on the conviction from the higher court. The vast army of lawyers present with the Congress must be brainstorming on this. But here another question arises, after all, why did Congress take the defamation case going on in Surat Kot so lightly? While Congress leaders were giving repeated statements, they were hopeful that a decision could come against Rahul Gandhi.

Surely there must be a churning within the Congress on this matter as well, why didn't the Congress wake up first because if the conviction of Rahul Gandhi, who is considered to be the biggest leader of the Congress, is not stopped, then forget 2024, he will not be able to contest the 2029 Lok Sabha elections.