A petition challenging Congress leader Rahul Gandhi's conviction and sentencing by a trial court in Surat in a defamation case is ready and is likely to be filed very soon, sources said on Wednesday.

The party's top legal advisors are working on the review petition which will be filed before the Surat sessions court in a day or two, they added.

Gandhi was convicted and was given a two-year sentence in the 2019 defamation case over his remarks on Modi surname, following which he was disqualified as MP of Lok Sabha.

The Congress has said that it will fight the matter both politically and legally and will take the issue to the public.

Congress Whip in Lok Sabha Manickam Tagore said the government has deliberately disqualified Rahul Gandhi under a well-planned conspiracy to not allow him to attend Parliament during this budget session.

"This is a totally false case and his disqualification has come to keep him away from Parliament. But, we will fight it both legally and politically," he told reporters outside Parliament.

Meanwhile, the Election Commission said it was in no hurry to announce bye-election to Wayanad constituency as the trail court has given Gandhi one month to appeal against the court order.

"There is no hurry, we will wait. There is not hurry to do it before exhausting that particular remedy which the trial court had accorded. We will take a call after that," Chief Election Commissioner Rajiv Kumar said at a press conference.

He said the vacancy in the Wayanad parliamentary party was notified on March 23 this year and as per the law, a bypoll has to be conducted within six months.

Kumar said the law also states that if the remainder of the term was less than one year, then the election will not be held.

The CEC said that in the case of Wayanad, the remainder of the term is more than a year.