Court Cites Supreme Court’s 2023 Stay on Conviction; Says No Legal Question Remains
The Lucknow bench of the Allahabad High Court on Thursday dismissed a petition seeking the disqualification of Congress leader and Leader of Opposition Rahul Gandhi from the Lok Sabha.
The plea, filed by advocate Ashok Pandey, argued that Gandhi should have been barred from Parliament due to his 2023 conviction in a defamation case by a Surat court under Section 8(3) of the Representation of the People Act (RPA), which mandates automatic disqualification for convictions with a sentence of two years or more.
Why the Petition Was Dismissed
A division bench comprising Justice Shekhar B Saraf and Justice Manjive Shukla stated that the petition held no merit because:
- The Supreme Court stayed Rahul Gandhi’s conviction in August 2023.
- Once a conviction is stayed, automatic disqualification does not apply.
- The issue has already been categorically settled by the Supreme Court and is no longer res integra—meaning it does not present a new legal question.
Key Arguments & Court’s Response
- The petitioner claimed Gandhi was automatically ineligible to contest the 2024 Lok Sabha elections, and the returning officer accepted his nomination wrongly.
- The Court rejected this argument, clarifying that a stay on conviction applies universally, irrespective of whether the Supreme Court explicitly mentions election eligibility.
Background
Rahul Gandhi, elected as the MP from Rae Bareli in the 2024 Lok Sabha polls, was convicted and sentenced to two years in prison by a Surat court in a defamation case in 2023.
However, the Supreme Court stayed the conviction, allowing him to retain his eligibility to remain and contest as an MP.
With these observations, the High Court dismissed the plea entirely.
Originally published on 24×7-news.com.
