A petition has been filed in the Supreme Court, contesting the reinstatement of Rahul Gandhi's membership in the Lok Sabha. This development follows a notification from the Lok Sabha Secretariat on August 7, reinstating his membership, which came on the heels of a Supreme Court ruling on August 4 that suspended his conviction in a criminal defamation case related to his controversial "why all thieves have Modi surname" statement.

The petitioner, Advocate Ashok Pandey from Lucknow, argues that in accordance with Article 102 and 191 of the Constitution, combined with Section 8(3) of the Representation of People Act 1951, when a Member of Parliament or a state legislator loses their office due to legal provisions, disqualification should persist until exoneration by a higher court.

In light of this, the plea contends that once Rahul Gandhi was stripped of his Lok Sabha membership following his conviction and subsequent sentencing to 2 years in prison for criminal defamation, the Speaker of the Lok Sabha should not have reinstated his membership. Consequently, the petition calls for the annulment of the Lok Sabha notification.

Additionally, the petition requests the issuance of a writ of mandamus to the Election Commission of India, compelling them to declare vacancies in seats held by convicted legislators, which result in disqualification. It further advocates for the organization of elections to elect a new legislator from the affected constituency.

The petition emphasizes that Section 389 of the Criminal Procedure Code (CrPC) permits an appellate court to suspend a sentence and grant bail to the appellant, but it does not authorize the suspension of the conviction itself.

Notably, in the case of Lok Prahari vs. Election Commission of India and others (2018), the Supreme Court ruled that when an MP or MLA's conviction is stayed by the appellate court under Section 389 of the CrPC, disqualification under sub-sections 1, 2, and 3 of Section 8 of the Representation of the People's Act, 1951 does not apply.

The Lok Prahari case clarified that once a conviction is stayed during the pendency of an appeal, the disqualification resulting from the conviction cannot be enforced.

This legal challenge injects a fresh element into the ongoing discourse surrounding Rahul Gandhi's political eligibility. The Supreme Court's eventual decision is eagerly anticipated by political observers and the general public alike.