Rahul Gandhi, the MP for Wayanad, Kerala, was disqualified from his post yesterday after being sentenced to two years imprisonment and a fine of Rs. 15 thousand for a defamation case filed against him by a BJP MLA. As a result, there is now speculation about whether the Election Commission will announce a by-election in the Wayanad constituency. Section 151A of the Representation of the People Act, 1951 mandates that elections must be held within six months of a vacancy. However, an appeal is pending and it is possible that the sentence may be stayed. Regardless, a petition has been filed in the Supreme Court calling for the section of the law that immediately disqualifies an MP to be deleted, as it causes difficulties for constituents.
Wayanad MP Rahul Gandhi was disqualified from the post of MP yesterday. In this case, the question has arisen whether the Election Commission of India will announce a by-election in the Wayanad constituency of Kerala where he was an MP.
During the 2019 Lok Sabha election campaign, Rahul Gandhi, speaking in Karnataka’s Kolar region, asked, ‘Why do all thieves have the surname Modi?’ had spoken. Subsequently, BJP MLA from Gujarat Burnesh Modi filed a defamation case against Rahul Gandhi in Surat court.
In this case, Rahul Gandhi was sentenced to 2 years imprisonment and a fine of Rs. 15 thousand yesterday in this case which lasted for about 4 years. Following this, Rahul Gandhi was also removed from the post of Lok Sabha member. As Rahul Gandhi was disqualified, the question has arisen whether the Election Commission will announce a by-election for the Wayanad constituency in Kerala, where he was an MP.
The Lok Sabha Secretariat has issued a notification. In it, “Wayanadu Lok Sabha seat is vacant. Thus, the Election Commission can announce a by-election for the Wayanad Lok Sabha constituency at any time.
Section 151A of the Representation of the People Act, 1951 mandates elections to the Wayanad Lok Sabha constituency within six months of the next. This is because the Act requires the Election Commission to hold by-elections within six months from the date of vacancy to fill vacancies in Parliament and State Legislatures.
But an appeal is pending and the court is likely to stay the sentence. Even if the election process is announced in the meantime, there may be problems in conducting the by-elections. It is easy to understand if we compare this with the case of Lakshadweep Member Faisal’s disqualification.
If all these incidents are happening on the one hand, on the other hand Rahul Gandhi’s disqualification from the post has been filed in the Supreme Court as a public interest petition.
In the petition filed by Apa Muralitharan from Kerala, ‘A people’s representative who is sentenced to imprisonment for two years or more even by a lower court, is immediately disqualified before an appeal can be made to do his public work. Due to this, the constituents who elected him will also face difficulties. Therefore, this section of the law should be deleted.