The petition comes a day after the Congress leader Rahul Gandhi was disqualified as a Lok Sabha Member after being convicted in a defamation case that took...
Digital Desk: A petition has been filed in the Supreme Court contesting the instant disqualification of elected legislative body representatives following conviction. The petitioner, according to Bar and Bench, has challenged the constitutionality of Section 8(3) of the Representatives of People's Act of 1951.
The petition comes a day after Congress leader Rahul Gandhi was disqualified as a Lok Sabha Member after being convicted in a defamation case in 2019. The Congress has stated that it will defend the case both legally and politically, with opposition politicians from across the political spectrum rallying around Gandhi.
The petition, filed by PhD scholar and social activist Aabha Muralidharan, is significant since it comes at a time when Congress leader Rahul Gandhi has been barred from sitting in the Lok Sabha following his conviction in a defamation case.
As mentioned in Section 8 (3) of the Representation of the People Act, 1951, an MP/MLA who is guilty of any offence and sentenced to jail for not less than two years is disqualified from the date of conviction.
The plea also claimed that the Supreme Court's Lily Thomas decision, which invalidated Section 8(4) of the Act, is being misapplied.
