Congress MP Manish Tewari on Monday gave an adjournment notice in Lok Sabha for a discussion on the disqualification of Congress leader Rahul Gandhi as MP.
Rahul Gandhi, on Friday, was disqualified as a member of the Lok Sabha, a day after a Surat court sentenced him to two years imprisonment in a defamation case filed against him over his ‘Modi surname’ remark.
In the adjournment notice, Tewari said, “That this House do suspend Zero Hour and other businesses of the day to discuss the Disqualification of Shri Rahul Gandhi.”
“The disqualification of Rahul Gandhi from the membership of the House was a hasty and erroneous decision and not in consonance with the provisions of the Constitution of India,” he added.
“Article 102 (1) (e) of the Constitution provides that a person shall be disqualified for being chosen as, and for being, a member of either House of Parliament “if he is so disqualified by or under any law made by Parliament”,” the Congress MP stated.
“Article 103(1) provides that the decision as to the disqualification of members lies with the President of India”, he said.
“Further, Article 103(2) lays down that a decision on disqualification by the President must be preceded by mandatory consultation with the Election Commission of India,” the Congress MP stated in his notice.
“Even Section 8(3) of the Representation of People”s Act, 1951 which triggered the disqualification mandates conviction and sentencing as two conjunctive prerequisites for disqualification which were not fulfilled since Shri Rahul Gandhi”s sentence has been suspended for 30 days,” he added.
Tewari further said that the action was in violation of the basic principles of natural justice, contrary to the provisions of the Constitution, and beyond the legal competence of the Secretariat of Parliament.
“Under these circumstances, the House must adjourn to discuss this matter concerning the disqualification of Shri Rahul Gandhi,” he added.
Rahul Gandhi’s disqualification came pertaining to his remark made in April 2019, where he had said “how come all the thieves have Modi as the common surname” at a Lok Sabha election rally at Kolar in Karnataka.
The court approved Gandhi’s bail on a surety and stayed the sentence for 30 days to allow him to approach the higher courts.