Modi Surname Defamation Case: Lok Sabha restores Rahul Gandhi’s membership after Supreme Court stays conviction
July 5, 2026
  • Read Ecopy
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Android AppiPhone AppArattai
Organiser
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
Organiser
  • Home
  • Bharat
  • World
  • Operation Sindoor
  • Editorial
  • Analysis
  • Opinion
  • Culture
  • Defence
  • International Edition
  • RSS @ 100
  • Magazine
  • Read Ecopy
Home Bharat

Modi Surname Defamation Case: Lok Sabha restores Rahul Gandhi’s membership after Supreme Court stays conviction

The Lok Sabha Secretariat disqualified Rahul Gandhi as a Lok Sabha MP on March 24, following Surat Court’s March 23 verdict convicting him in the Modi Surname Defamation Case

WEBDESKWEBDESK
Aug 7, 2023, 11:15 am IST
in Bharat
Follow on Google News
Rahul Gandhi

Congress leader Rahul Gandhi (Source: Twitter)

FacebookTwitterWhatsAppTelegramEmail

The Lok Sabha Secretariat restored Congress leader Rahul Gandhi’s Lok Sabha membership on August 7, following Supreme Court’s August 4 order granting a stay on his conviction in the ‘Modi Surname Defamation Case.’

“No. 21/4(9)/2023/TO(B) In continuation of Notification No. 21/4(3)/2023/TO(B), dated the 24th March, 2023, the Supreme Court of India has passed an order on 04.08.2023 in Special Leave to Appeal (Crl.) No. 8644/2023, staying the conviction of Shri Rahul Gandhi, Member of Lok Sabha representing the Wayanad Parliamentary Constituency of Kerala, which was ordered by the judgment dated 23.03.2023 of the Court of the Chief Judicial Magistrate, Surat in C.C./18712/2019,” the Lok Sabha Secretariat’s notification read.

“In view of order dated 04.08.2023 of the Supreme Court of India, the disqualification of Shri Rahul Gandhi, notified vide Gazette Notification no. 21/4(3)/2023/TO(B) dated the 24th March, 2023 in terms of the provisions of Article 102(1)(e) of the Constitution of India read with Section 8 of the Representation of the People Act, 1951, has ceased to operate subject to further judicial pronouncements,” the notification added.

Rahul Gandhi, Lok Sabha
Lok Sabha Secretariat’s notification restoring Rahul Gandhi’s membership

On March 24, the Lok Sabha Secretariat disqualified Rahul Gandhi as a Lok Sabha MP following Surat Court’s March 23 verdict convicting him in the Modi Surname Defamation Case. The Surat Court had sentenced the Congress leader to two years imprisonment for his allegedly defamatory remarks against the ‘Modi’ community, and thus, he was disqualified u/s 8(3) of the Representation of People Act of 1951.

Background
On August 4, the Supreme Court of India stayed the conviction of Rahul Gandhi for his remarks in the ‘Modi Surname Defamation Case.’ The court’s three-judge bench, comprising Justices BR Gavai, PS Narasimha and Sanjay Kumar, said that the trial court awarded the maximum sentence of two years without providing enough reasons for the same. The court said that if Rahul Gandhi’s sentence were a day lesser, the provisions would not have been attracted.

“The sentence for an offence punishable under Section 499 of the Indian Penal Code is maximum of two years of sentence or fine or both. The learned trial judge, in the order passed by him, has awarded the maximum sentence of two years. Except the admonition to the petitioner by this Court in a contempt proceeding, no other reason has been granted by the learned trial judge while imposing the maximum sentence of two years. It is to be noted that it is only on account of the maximum sentence of two years imposed by the learned trial judge that the provisions of Section 8(3) of the Representation of Peoples Act came into play. Had the sentence been a day lesser, then the provisions would not have attracted,” the court said.

“Particularly when the offence was non-compoundable, bailable and cognizable, the least which was expected from the learned trial judge was to give reasons for imposing the maximum punishment. Though the learned appellate court and the High Court have spent voluminous pages in rejecting the applications, these aspects are not seen considered,” the court added.

The court observed that Rahul Gandhi’s remarks were not in “good taste” and that a person in public life ought to exercise caution while making public speeches. The court accepted that the accused Congress MP ought to have been more careful.

The complainant’s counsel, Senior Advocate Mahesh Jethmalani, argued that the accused Congress MP was admonished by the Supreme Court. The counsel referred to the case where Rahul Gandhi attributed ‘chowkidar chor hai’ remarks to the Supreme Court. The counsel said that the accused, in the contempt case, had compounded his defamatory remarks. The counsel further argues it is well settled that an apology does not eradicate contempt but is an admission of guilt, rejecting the contentions that Rahul Gandhi has no prior convictions. However, Justice BR Gavai said, “Had this judgment come up earlier, your client (Rahul Gandhi) could have been more cautious.”

Furthermore, the Supreme Court said that Rahul Gandhi’s disqualification under the Representation of People Act does not affect the rights of the accused Congress MP but also of the electorate. The court further said that no reason had been assigned by the trial court to award the maximum sentence to Rahul Gandhi while staying his conviction. The court’s three-judge bench was hearing Rahul Gandhi’s challenge against Gujarat High Court’s July 7 verdict refusing to stay his conviction in the defamation case.

Topics: Supreme CourtRahul GandhiModi Surname Defamation CasePurnesh ModiLok Sabha SecretariatCongressBharatiya Janata Party
Share12TweetSendShareSend
✮ Subscribe Organiser YouTube Channel. ✮
✮ Join Organiser's WhatsApp channel for Nationalist views beyond the news. ✮
Previous News

Gyanvapi Case: ASI to continue scientific survey on day 4 amid boycott threat by Mosque committee

Next News

West Bengal: NIA arrests key accused in detonator and explosive seizure case; Police recover 60 boxes of gelatin sticks

Related News

Congress MP Shashi Tharoor (File Photo)

Congress leader Shashi Tharoor applauds Modi’s governance and foreign policy

M.B. Rajesh and the contentious letter

Keralam: Ex-LDF Minister’s letter allegedly enabled 147 non-classified hotels to obtain bar licences by bypassing norms

Raja Raghuvanshi Murder Case: Supreme Court refuses to stay bail granted to Sonam Raghuvanshi

Akhil Bharatiya Adhivakta Parishad explores India’s early constitutional battles over free speech and judicial review

The First Amendment at 75: Revisiting Organiser’s historic free speech battle against the Nehru government

Posters calling Rahul Gandi "Mafiveer" installed across Delhi

BJP puts up ‘Maafiveer Rahul Gandhi’ posters in Delhi, escalates attack over defamation case

Tamil Nadu govt challenges High Court cow slaughter ban in Supreme Court; BJP slams CM Joseph Vijay

Load More

Latest News

RSS Sarkaryavah Dattatreya Hosabale

“Unfortunate and painful, true Dharmikta must be restored”: Dattatreya Hosabale

Eleven Years of Digital Innovation Transforming everyday life across India

A Decade of Digital India: Revolutionising payment & healthcare ecosystem; Making everyday life easier for Indians

EPF gets its biggest overhaul in 74 years: What the new rules mean for salaried employees

PFI weapon trainer Ayoob - RSS leader Sreenivasan (Left to Right)

Keralam: PFI weapon trainer Ayoob surrenders before Kochi NIA Court in RSS leader Sreenivasan murder case

Meenakshi Amman Mandir

Top 10 Tallest Gopurams in India: Exploring the magnificent Mandir towers of Dravidian architecture

Andhra Pradesh: NHRC orders probe into Kurnool Diocese-linked St Anthony’s orphanage over FCRA violations

RSS Sarsanghchalak Dr Mohan Bhagwat

“India will show the way and humanity must follow the path”: RSS Sarsanghchalak Mohan Bhagwat

Hindu-Americans raise concern about spiking Hinduphobia on 250th US Independence Day; Highlight centuries of relations

India's MANAS platform enables anonymous drug reporting and access to counselling and rehabilitation

MANAS: How India’s digital anti-drug platform is empowering citizens against substance abuse and trafficking

British chemical warfare experiments involving Indian Army soldiers remain a debated part of colonial history

Beyond the Battlefield: How British laboratories conducted chemical experiments on Indian Army troops in colonial India

Load More
  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

  • Home
  • Search Organiser
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Africa
    • North America
    • South America
    • Europe
    • Australia
  • Editorial
  • Operation Sindoor
  • Opinion
  • Analysis
  • Defence
  • Culture
  • Sports
  • Business
  • RSS @ 100
  • Entertainment
  • More ..
    • Sci & Tech
    • Vocal4Local
    • Special Report
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Health
    • Politics
    • Law
    • Economy
    • Obituary
  • Subscribe Magazine
  • Read Ecopy
  • Advertise
  • Circulation
  • Careers
  • About Us
  • Contact Us
  • Policies & Terms
    • Privacy Policy
    • Cookie Policy
    • Refund and Cancellation
    • Terms of Use

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies