According to legal experts, seeking an injunction against the decision to remove a member of the Lok Sabha would be appropriate since it has the effect of a court decision. Rahul Gandhi has been convicted and sentenced to two years in jail in a defamation case by a CJM court in Surat, but he can file an appeal in the Sessions Court in Surat to challenge both the conviction and sentence. If he does not get a stay, he may approach the Gujarat High Court, and if he still does not have a favorable verdict, he can go to the Supreme Court. However, senior Congress lawyers advise against going directly to the Supreme Court. Legal experts also suggest that filing a petition alone against his disqualification as a Lok Sabha member would not be appropriate, and appealing against the decision that led to his loss of the seat would be more appropriate. They view the removal of a Lok Sabha member as equivalent to a court judgment, so seeking an injunction against that judgment would be appropriate.
Legal experts are of the opinion that since the removal of a member of the Lok Sabha has the effect of a court decision, it would be right to seek an injunction against that decision.
Legal experts are of the opinion that since the removal of a member of the Lok Sabha has the effect of a court decision, it would be right to seek an injunction against that decision.
A Chief Judicial Magistrate (CJM) court in Surat has convicted Rahul Gandhi in a defamation case and sentenced him to two years in jail. Therefore, he can approach the Sessions Court in Surat, Gujarat against this verdict and file an appeal, challenging both the conviction and the sentence imposed on him.
Rahul Gandhi may approach the Gujarat High Court if the Sessions Court does not get a stay. If the High Court also fails to get a favorable verdict, Rahul Gandhi can then approach the Supreme Court. While Rahul Gandhi is likely to approach the Supreme Court directly, senior Congress lawyers feel that going directly to the Supreme Court would not be right.
Legal experts are also of the opinion that it would not be right for Rahul Gandhi to file a petition alone against his disqualification from the post of Lok Sabha member. According to them, since Rahul Gandhi lost his Lok Sabha seat because of the Surat Chief Judicial Magistrate’s court decision, it would be right to appeal against that decision. Legal experts are of the view that since the removal of a member of the Lok Sabha has the effect of a court judgment, it is right to seek an injunction against that judgment.