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Rahul Gandhi disqualified from Lok Sabha after conviction in 2019 defamation case

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Rahul Gandhi disqualified from Lok Sabha: What happens to his Wayanad seat now?

Section 8(3) of the Representation of the People Act, 1951, says that the moment a member of parliament is convicted of any offence and sentenced for at least two years, she or he attracts disqualification.

Rahul Gandhi was expelled from the Lok Sabha on Friday following his conviction and sentencing in a 2019 defamation case by a court in Surat.

So what happens to his Wayanad seat now?

According to experts, the Election Commission will have to announce a fresh by-election in Wayanad, since no seat can be left vacant for more than six months.

However, the EC is likely to wait for the 30-day period granted by the court to allow Gandhi to file an appeal against the conviction.

While Rahul can move higher courts appealing against the judgement, but if the sentence is not stayed or reversed, he will be barred from contesting elections for a total of eight years, two years of jail term and another six years from the date of his release from prison, according to Section 8 of the Representation of the People Act, 1951.

He can also be asked to vacate his government bungalow in central Delhi.

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