A court in India denied Rahul Gandhi’s appeal to suspend his defamation conviction, a setback to the opposition leader, who has been sentenced to two years in jail and disqualified from parliament over the charge. 

The interim order means Gandhi, the scion of India’s Nehru-Gandhi political dynasty that ruled the country for decades after independence, may not be able to contest national elections due next summer unless a higher court rules in his favour. He will also continue to be ousted from parliament. 

Ketan Reshamwala, a lawyer for the opposing side confirmed the court order against the Congress party leader.

A lower court in the western city of Surat on March 23 had sentenced Gandhi to two years in jail for allegedly making derogatory remarks about Prime Minister Narendra Modi’s surname during an election rally in 2019. 

Gandhi will appeal Thursday’s order in the high court, his lawyer Kirit Panwala said. He will also stay out of jail as an earlier court order said his prison term is suspended until it reaches a final decision on his appeal against the conviction. 

In its order Thursday, the court highlighted that the law allows for a conviction to be suspended in the interim stage if it causes “irreversible and irrevocable damage to the convict.” Gandhi failed to show that his disqualification from parliament and the bar on him contesting election next year causes such damage, the written order said.

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Gandhi has positioned himself as a challenger to Modi and his Bharatiya Janata Party – even though his Congress party has been routed in two consecutive national ballots. 

His disqualification has become a major political flash point with some other opposition leaders rallying behind him. However, no pre-election alliances have so far been formed.

One sign of any sympathy Gandhi’s conviction and subsequent ejection from parliament has evoked could come as early as next month when the crucial southern state of Karnataka heads to the polls. The election is poised to be a close fight between Modi’s incumbent Bharatiya Janata Party and Congress.

“Sometimes these kind of things can also become opportunities for political rejuvenation,” said Rahul Verma, a fellow at the New Delhi-based Centre for Policy Research. “If they continue to build on the momentum gained during the nationwide march, the party may gain some ground lost since 2014.”

Earlier this year, Gandhi completed a 2,170-mile trek from India’s southernmost tip to the icy north of Kashmir to rejuvenate his party’s fortunes.

Indian law bars anyone serving a prison term of two or more years from contesting elections for six years after they serve their sentence. Following his conviction Gandhi was swiftly disqualified from parliament in line with rules that bar anyone sentenced to two or more years in prison from holding parliament membership. 

The BJP has dismissed the allegations that Gandhi’s conviction was politically motivated, saying the law is equal for everyone. BLOOMBERG