Plea challenging Rahul Gandhi’s conviction ready, to be moved soon

New Delhi (TIP)- A petition challenging Congress leader Rahul Gandhi’s conviction and sentencing by a trial court in Surat in a defamation case is ready and is likely to be filed very soon, sources said on Wednesday, March 29. The party’s top legal advisers are working on the review petition which will be filed before the Surat sessions court in a day or two, they added.
Gandhi was convicted and was given a two-year sentence in the 2019 defamation case over his remarks on Modi surname, following which he was disqualified as MP of Lok Sabha.
The Congress has said that it will fight the matter both politically and legally and will take the issue to the public.
Congress Whip in Lok Sabha Manickam Tagore said the government has deliberately disqualified Rahul Gandhi under a well-planned conspiracy to not allow him to attend Parliament during this budget session.
“This is a totally false case and his disqualification has come to keep him away from Parliament. But, we will fight it both legally and politically,” he told reporters outside Parliament.
Meanwhile, the Election Commission said it was in no hurry to announce bye-election to Wayanad constituency as the trail court has given Gandhi one month to appeal against the court order.
“There is no hurry, we will wait. There is not hurry to do it before exhausting that particular remedy which the trial court had accorded. We will take a call after that,” Chief Election Commissioner Rajiv Kumar said at a press conference.
He said the vacancy in the Wayanad parliamentary party was notified on March 23 this year and as per the law, a bypoll has to be conducted within six months.
Kumar said the law also states that if the remainder of the term was less than one year, then the election will not be held.
The CEC said that in the case of Wayanad, the remainder of the term is more than a year.
NCP leader Faizal’s LS membership restored
NCP leader and Lakshadweep MP Mohammed Faizal on Wednesday attended Parliament after the Lok Sabha Secretariat issued a notification restoring his membership of the House.

Following this development, the Supreme Court disposed of Faizal’s petition seeking reinstatement as an MP after the Kerala High Court stayed his conviction in an attempt to murder case.
A Bench led by Justice KM Joseph took on record the notification issued by the Lok Sabha Secretariat restoring the membership of Faizal, who was disqualified as a Lok Sabha MP in January following his conviction in an attempt to murder case and sentenced to a 10-year prison term. The Bench, however, left open the legal question regarding maintainability of his petition. The Bench, however, made it clear that the appeal filed by the UT of Lakshadweep against the HC’s January 25 order staying a Kavaratti Sessions Court survived and would be heard.
Faizal’s case is being keenly observed as it could work as a precedent in the case of Congress leader Rahul Gandhi who was disqualified as a Lok Sabha MP on Friday, a day after a Gujarat court convicted him in a defamation case and sentenced him to a two-year imprisonment. Producing the notification before the top court on behalf of Faizal, senior counsel AM Singhvi nothing survived in the matter as his Lok Sabha membership has been restored.

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