Chennai: Congress leader Rahul Gandhi had on September 28, 2013 torn an ordinance that shielded the MLAs and MPs from instant disqualification, Tamil Nadu BJP president K. Annamalai said on Saturday.
Taking to Twitter, he said that Rahul Gandhi had on September 28, 2013 torn an ordinance that gave three months time for MLAs and MPs from disqualification.
He was responding to Tamil Nadu Chief Minister M.K. Stalin’s statement on Friday that disqualification of Rahul Gandhi as an MP before he could go for an appeal was the death knell of democracy in India.
Stalin also said that the metamorphosis of BJP’s vindictive politics into autocracy was taking place at an alarming pace. He also said, “If one goes by history, it is obvious what is in store for such autocrats.”
Annamala stepped up the attack on Stalin and Rahul said, “Rahul Gandhi has been disqualified after a court verdict for his insult to the country’s OBC and Teli society and for not apologising.”
He said that Rahul Gandhi was a habitual and had in the past apologised for peddling lies in public and added that the verdict had rattled habitual liars, the DMK.
It may be noted that according to the Representation of People Act, 1951, sitting MPs and MLAs have a protection from disqualification if they are convicted of certain offences and they are given a period of three months for a sitting MLA or MP from being disqualified.
The Act also states that if the sitting MLA or MP files an appeal for revision within three months of the date of conviction, the public servant cannot be disqualified until the appeal or revision was not disposed of.
The Supreme Court had struck down this in 2013 in the judgment of Lily Thomas vs Union of India and struck down Section 8(4) of the Representation of People Act.
The United Progressive Alliance (UPA) government of Prime Minister Dr Manmohan Singh had tried to nullify the judgment through the Representation of the People (Second Amendment and Validation) Bill, 2013. Rahul Gandhi had on September 28, 2003 in a press conference torn the copy of the ordinance calling it utter “nonsense”.