Congress MP Manish Tewari on Monday moved an adjournment notice in the Lok Sabha against Rahul Gandhi’s disqualification.
The notice states, “That this House do suspend Zero Hour and other businesses of the day to discuss the disqualification of Shri Rahul Gandhi.
“The disqualification of Shri Rahul Gandhi from the membership of the House was a hasty and erroneous decision and not in consonance with the provisions of the Constitution of India.
“Article 102 (1) (e) of the Constitution provides that a person shall be disqualified for being chosen as, and for being, a member of either House of Parliament if he is so disqualified by or under any law made by Parliament.”
The notice says, “Article 103(1) provides that the decision as to the disqualification of members lies with the President of India. Further, Article 103(2) lays down that a decision on disqualification by the President must be preceded by mandatory consultation with the Election Commission of India.”
The notice further states, “Section 8(3) of the Representation of People’s Act, 1951 which triggered the disqualification mandates conviction and sentencing as two conjunctive prerequisites for disqualification which were not fulfilled since Shri Rahul Gandhi’s sentence has been suspended for 30 days.”
Tewari said the action is in violation of the basic principles of natural justice, contrary to the provisions of the Constitution, and beyond the legal competence of the Secretariat of Parliament.
“Under these circumstances, the House must adjourn to discuss this matter concerning the disqualification of Rahul Gandhi,” the notice said.