Plea before Kerala High Court seeks disqualification of MLA Mani C Kappan after cheque bounce conviction

A petition has been filed before the Kerala High Court seeking the disqualification of Member of Legislative Assembly (MLA) Mani C Kappan following his conviction earlier this month in a cheque dishonour case. [Dinesh Menon v. State of Kerala & Ors.]

On September 1, a Mumbai court convicted Pala MLA Kappan in four cases under Section 138 of the Negotiable Instruments Act, 1881, and sentenced him to a cumulative three and a half years of simple imprisonment.

He was also ordered to pay ₹5.30 crores as compensation to the complainant in all four cases, businessman Dinesh Menon.

The petition seeking Kappan's disqualification was filed before the High Court by Menon himself.

In his petition, Menon has submitted that the order of the Mumbai court does not state that the sentences are to run concurrently. He has argued that as per legal precedents, upon conviction and impostition of sentence of over two years, sitting MLAs are to be immediately disqualified.

However, Kappan continues to hold his position and no formal notification has been issued declaring his seat vacant.

Menon has stated that he has already submitted a formal representation to the Speaker of the State Legislative Assembly seeking Kappan's disqualification.

However, since no action has yet been taken, Menon says he has been constrained to move the High Court with the present petition seeking orders disqualifying the United Democratic Front (UDF) legislator.

Menon is being represented by advocates V Sethunath, Thomas Abraham, Sreeganesh U, and Shamnas S.