Kapil Sibal left Congress and joined SP and is now a Rajya Sabha MP from SP.

Surat court has sentenced Congress leader Rahul Gandhi to 2 years in the defamation case related to Modi surname.

Along with this, the court has also imposed a fine of Rs 15,000 on Rahul Gandhi.

However, the court also granted immediate bail to Rahul Gandhi.

Along with giving him 30 days time to appeal in the higher court, his sentence has been suspended.

The reaction of BJP and opposition leaders is coming in this whole matter.

Meanwhile, former Congress leader Kapil Sibal has given a big statement.

Sibal said that Rahul Gandhi is automatically disqualified as an MP with a jail term of two years.

The sentence itself is "bizarre".

Country's well-known lawyer and former Congress leader Kapil Sibal said that after being sentenced to 2 years in the defamation case, Rahul Gandhi can be disqualified from the membership of Parliament under the law.

Speaking to NDTV, Kapil Sibal said- "If the court just suspends the sentence, it is not enough. There should be a stay on suspension or conviction. He (Rahul Gandhi) can continue as a member of parliament only then." When stay on conviction.

Sibal explained, “The law says that if an MLA or MP is sentenced to two years for a crime, the seat of the concerned MLA or MP will become vacant.

Naturally, the Speaker will proceed according to law."

In the year 2013, in Lily Thomas vs Union of India, the Supreme Court ruled that "any MP, MLA or MLC who is convicted of an offense and sentenced to a minimum of 2 years in prison shall, with immediate effect, cease to sit in the House." loses membership of".

Under Section 8 (3) of the 'Representation of the People's Act 1951', if an MP or MLA is convicted of an offense and sentenced to 2 years or more, his membership of Parliament or Legislative Assembly ends. Will go

He will not be able to contest elections till 6 years after his release.

Section 8 (4) of the 'Representation of the People's Act' states that the membership of a convicted MP or MLA does not end immediately.

He has three months time.

During this time, if he appeals in the High Court or Supreme Court, then the membership does not go away till the hearing of that appeal is completed.

If he does not appeal, his membership is terminated after three months.

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