It also contended that Gandhi cannot continue as an MP since he was convicted and sentenced to two years in jail in 2023 by a Surat trial court in a defamation case.
Therefore, Rahul Gandhi is disqualified from holding the office of MP, given the restrictions laid down in Section 8 (3) [disqualification on conviction for certain offences] of the Representation of Peoples Act, the plea stated.
The petitioner added that even though the Supreme Court has stayed the conviction, Gandhi would still be disqualified from holding office as an MP. In this regard, the petitioner pointed out that the Supreme Court did not expressly permit Gandhi to contest in the recently concluded Lok Sabha Elections.
When the matter came up for hearing, the Court asked the petitioner, who appeared in-person, as to what does he do for a living, since his petition was silent about his credentials.
He submitted that he is a farmer living in Karnataka and was also member of a political party.
After arguing the matter for about 20 minutes, the petitioner sought permission to withdraw the plea, so that he approach the competent authority referred to under Section 9(2) of the Citizenship Act, 1955 to raise his grievances regarding Gandhi’s citizenship.
“We accept the request of the petitioner appearing in person,” the Court said while allowing the petitioner the liberty to approach the competent authority.
Deputy Solicitor General SB Pandey along with advocates Anand Dwivedi and Vijay Vikram Singh appeared for respondents.
Source: Barandbench
