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By India Today News Desk: In a setback for senior Congress leader and former party chief Rahul Gandhi, a sessions court in Surat dismissed his plea for a stay on his conviction in a defamation case over the ‘Modi surname’ remark. The sessions court had handed him a two-year jail term in the case, a development that led to his suspension from the Lok Sabha as an MP.
After convicting and sentencing him, the lower court had granted bail to Rahul Gandhi and suspended his jail sentence in order to allow him to appeal in a higher court. That appeal was rejected today by the Surat sessions court.
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RAHUL GANDHI DEFAMATION CASE AND WHAT HAS HAPPENED SO FAR
In April 2019, Rahul Gandhi, while speaking at a rally in Kollar, Karnataka, had rhetorically said, “How come all thieves have Modi as the common surname”. He was referring to Nirav Modi, Lalit Modi and Narendra Modi. His remark sparked a controversy following which Gujarat BJP MLA Purnesh Modi filed a complaint accusing Rahul of having defamed those with the surname Modi.
Last month, on March 23, the Congress leader was convicted by a trial court under Section 504 (Intentional insult with intent to provoke breach of the peace) of the Indian Penal Code (IPC). He was sentenced to two years in jail. Subsequently, he was disqualified as an MP from Lok Sabha under a legal provision disbarring lawmakers who have been convicted and sentenced to two years or more in jail.
Rahul Gandhi filed an appeal in a higher court and sought a stay on the conviction. On April 20, the Surat sessions court dismissed his application.
ALSO READ | Intention wasn’t bad, says Rahul Gandhi over Modi surname remark
WHAT’S NEXT FOR RAHUL GANDHI?
Earlier, the trial court had given him 30 days to appeal in a higher court and had kept the sentence suspended. His team of lawyers had moved to the sessions court in Surat. In his submission, they said if the March 23 judgment of the trial court was not suspended and stayed, it would cause irreparable damage to Rahul Gandhi’s reputation.
And now, Rahul Gandhi will likely knock on the doors of the Gujarat High Court to appeal against the sessions court’s verdict. Congress general secretary Jairam Ramesh, in a tweet following today’s development, said that the party will continue to avail all options still available to them under law.
RAHUL GANDHI REMAINS SUSPENDED AS MP
Until the time the case reaches the Gujarat High Court and it hears and delivers its verdict in the case, Rahul Gandhi will remain suspended from the Lok Sabha.
ALSO READ | Rahul Gandhi convicted: What’s the defamation case over Modi surname remark
WILL RAHUL BE ABLE TO CONTEST 2024 POLLS?
Right now, Rahul Gandhi has lost his right to contest elections for the next eight years (two years of his jail sentence plus another six years under the Representation of the People Act, 1951), including next year’s Lok Sabha polls. Unless Rahul Gandhi gets relief from the courts, the next general election he can fight is 2034, unless there are mid-term polls between now and then.
WHAT HAPPENS TO WAYANAD SEAT?
The 52-year-old politician was elected to the Lok Sabha from Wayanad in Kerala in 2019. The Wayanad Lok Sabha constituency was declared vacant after Rahul was disqualified from Parliament last month and it remains vacant.
As per Section 151A of the Representation of the People Act, 1951, the Election Commission has to fill any vacancies in the Houses of Parliament and State Legislatures through bye-elections within six months from the date of occurrence of the vacancy, provided that the remainder of the term of a member in relation to a vacancy is one year or more.
WILL EC HOLD BYE-ELECTION?
Following Rahul Gandhi’s conviction in the ‘Modi surname’ case, the Election Commission of India (ECI) had started brainstorming over conducting a bypoll in Wayanad. Sources close to the Election Commission had told India Today TV earlier that the poll body may make the Wayanad by-election announcement in April.
While declaring the dates for Karnataka polls on March 29, the poll body had said it was in no hurry to hold bypolls for the Wayanad Lok Sabha constituency.
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