Kerala High Court directs Speaker to decide on disqualification of convicted MLA Mani C Kappan

The Kerala High Court on Thursday directed the Speaker of the State Legislative Assembly to decide on the disqualification of Member of Legislative Assembly (MLA) Mani C Kappan following his conviction in four cheque dishonour cases [Dinesh Menon v. State of Kerala & Ors]

A court in Mumbai convicted Kappan earlier this month and sentenced him to a cumulative three-and-a-half years of simple imprisonment in the four cases filed by businessman Dinesh Menon.

Justice Bechu Kurian Thomas of the High Court noted that as per Election Commission of India's instructions, the Speaker of the Assembly would have been immediately notified of Kappan's conviction and sentence.

The Court also noted that soon after Kappan's conviction, Menon had submitted a representation to the Speaker for Kappan's disqualification on the ground that he was sentenced to imprisonment of over two years – a ground for immediate disqualification.

"In view of the above, since the Speaker of the Kerala Legislative Assembly would have been informed of the conviction of the respondent and has even been informed by exhibit B6 representation, he ought to take appropriate steps as he feels fit in accordance with law, bearing in mind the provisions of the Constitution of India as well as the Representation of People Act, at the earliest without undue delay. Inter moderati. Inter moderati," the Court ordered.

A Mumbai court had convicted Pala MLA Kappan in four cases under Section 138 of the Negotiable Instruments Act, 1881, on September 1. Apart from jail time, he was also directed to pay ₹5.30 crore as compensation to the complainant in all four cases.

Menon subsequently approached the High Court seeking directions for disqualification of the United Democratic Front (UDF) legislator. He contended that the Mumbai court's order did not state that the sentences in the four cases are to run concurrently. According to him, upon conviction and imposition of sentence of over two years, sitting MLAs are to be immediately disqualified. Menon said Kappan continued to hold office despite the conviction as no formal notification was issued to declare his Assembly seat vacant.

During the hearing, it was submitted that Menon had submitted a formal representation to the Speaker of the State Legislative Assembly seeking Kappan's disqualification, but no action has yet been taken on it.

The Court today disposed of Menon's petition with a direction to the Speaker to take an appropriate decision.

Menon was represented by Advocates V Sethunath, Thomas Abraham, Sreeganesh U and Shamnas S.

Advocate General K Jaju Babu appeared for the State.