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With Rahul Gandhi disqualified, Election Commission will have to hold Wayanad by-poll before September 22

The Election Commission will have to soon announce the by-poll for the Wayanad constituency if Rahul Gandhi fails to get relief in higher courts. 

On Friday, March 24, 2023, the Lok Sabha secretariat notified the disqualification of Rahul Gandhi from the lower House of the parliament after the Waynad MP was convicted. The Congress leader was sentenced to two years in jail by the court of Chief Judicial Magistrate in Surat on March 23 for his defamatory comments against people with the Modi surname in a speech in 2019. Now, the Election Commission will have to soon announce the by-poll for the Wayanad constituency if Rahul Gandhi fails to get relief in higher courts. 

Citing sources, India Today reported that the Election Commission may announce by-elections in Wayanad in the month of April. Notably, Rahul Gandhi will not be able to run for office for eight years after being convicted and stands disqualified unless a higher court stays or overturns his conviction and sentence.

According to Section 151A of the Representation of the People Act, 1951, a bye-election for filling any vacancy shall be held within a period of six months from the date of the occurrence of the vacancy. With the stipulation that nothing in this section will apply if (a) a member’s remaining term in relation to a vacancy is less than one year, or (b) the Election Commission certifies, after consulting with the Central Government, that it will be difficult to hold the bye-election within the specified time period.

Meanwhile, along with losing his membership in the Lower House, Rahul is likely to forfeit the perks and advantages of being a member of parliament after being found ineligible. The Congress leader will be given a month to vacate his official bungalow at 12 Tuglaq Road in New Delhi.

Rahul Gandhi will also no longer be eligible for a number of perks that are available to all Members of Parliament. This includes a monthly constituency allowance of Rs 70,000 and a salary of Rs 1,00,000. Each MP is also entitled to a monthly office expenditure payment of Rs 60,000, which includes Rs 40,000 in secretarial support.

Along with this, the Congress scion will also lose his travel allowances, which include a free, non-transferable first class AC or executive class train pass, one first class and one-second class fare, one and a quarter of the member’s airfare, and a Rs 16 per km allowance for road travel.

Notably, Rahul Gandhi was convicted and sentenced to two years in jail by the court of Chief Judicial Magistrate in Surat on Thursday for his defamatory comments against people with the Modi surname in a speech in 2019. A criminal defamation case was filed by Gujarat BJP leader Purnesh Modi after Rahul Gandhi in an election rally had asked why everyone with Modi surname is a thief, mentioning Nirav Modi, Lalit Modi, and Narendra Modi.

Ayodhra Ram Mandir special coverage by OpIndia

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OpIndia Staff
OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

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