Rahul's disqualification: Immediate by-election in Wayanad will be denial of justice, say legal experts

NEW DELHI: Legal experts say that holding by-elections hastily in Wayanad, the constituency of Rahul Gandhi, immediately after a notification was issued announcing his disqualification, will be a denial of justice.

Congress leader and senior Supreme Court lawyer Abhishek Singhvi criticized the decision not to refer the matter to the President. He said that the disqualification was illegal as no reference was made to the President regarding the disqualification.

"If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications, the question shall be referred for the decision of the President and his decision shall be final. Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion,” Singhvi said.

As per the Lily Thomas judgement, a conviction which carries a sentence of two years or more will automatically result in disqualification. Legal experts say that Rahul Gandhi became disqualified as soon as the verdict came. Therefore, the Lok Sabha Secretariat has technically issued a notification in the case where the court has punished.

There is also curiosity as to whether the Election Commission will soon announce the by-elections in Wayanad.