After the Supreme Court's relief for Congress leader Rahul Gandhi in a criminal defamation case, the big question remains: how and when can he return to the Parliament. The ongoing Monsoon Session of the Parliament is set to witness a no-confidence motion against the Narendra Modi-led NDA government next week.
The top court while pronouncing the order noted that the trial court judge did not justify why Rahul should have been awarded the maximum sentence of two years which attracted his disqualification as an MP.
What is the procedure for restoring Lok Sabha membership?
Congress leader Rahul Gandhi will have to make a submission to the Lok Sabha secterariat regarding the status of his conviction and that his status as the Member of Parliament from Wayanad should be restored. The Lok Sabha secretariat will then issue a notification restoring his MP status. However, there is no stipulated time-frame within which this has to happen.
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Nationalist Congress Party (NCP) MP Mohammad Faisal's membership was restored more than two months after the Kerala High Court had stayed his conviction in an attempt-to-murder case. The Lakshadweep MP had approached Supreme Court over delay in being reinstated. Hours before the top court's hearing, the secretariat issued a notification reinstation him as MP.
In Rahul Gandhi's case, Congress leader Adhir Ranjan Chowdhury has already met Lok Sabha Speaker Om Birla and urged him to restore his membership.
Will he return for the current session of the parliament?
The date of his return will depend on when the Lok Sabha secretariat issues a notification in this regard. The parliament will witness a no-confidence motion against the Narendra Modi-led NDA government on August 8, amid demands from the opposition for a debate on Manipur.
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Will he become MP again?
Rahul Gandhi had in April told a sessions court in Surat that his conviction by a magistrate's court in the 2019 defamation case was "erroneous, patently perverse", and he was sentenced in a manner so as to attract disqualification as a Member of Parliament.
The Sessions Court in Surat will hear his appeal against the ruling - which had convicted him and sentenced him to two years in prison - on August 21, according to a report by NDTV.
While arguing on behalf of Rahul Gandhi, Senior Advocate Abhishek Manu Singhvi, had in Supreme Court argued that the former MP from Wayanad who had been ‘disqualified’ due to the conviction order by the Gujarat Court has already lost two parliament sessions.
