HC asks Assembly Speaker to act on plea to disqualify Pala MLA Mani C Kappan
Follow TNM's WhatsApp channel for news updates and story links.The Kerala High Court has directed the Speaker of the state Legislative Assembly to take appropriate action, in accordance with law, on a representation seeking the disqualification of Pala MLA Mani C Kappan following his conviction in four cheque dishonour cases in Mumbai.Justice Bechu Kurian Thomas passed the direction on Thursday, October 1, while considering a petition filed by businessman Dinesh Menon, who has sought Kappan’s removal as a legislator and a declaration that the Pala Assembly seat has fallen vacant.The court, however, refrained from deciding whether Kappan had incurred disqualification. It held that the question has to be considered by the Speaker, particularly as Dinesh Menon’s representation seeking a formal declaration of disqualification is already pending before the Assembly.“Though various contentions have been raised by either side, regarding merits of the case, this Court is of the view that considering the limited scope in respect of the matter of disqualification, it is not proper for this Court to make any observation,” the court said, as per a Live Law report.The court noted that the Speaker had been informed of Kappan’s convictions and directed that the matter be dealt with keeping in mind the provisions of the Constitution and the Representation of the People Act.“He (Speaker) ought to take appropriate steps as he feels fit in accordance with law bearing in mind the provisions of the Constitution and the Representation of People Act at the earliest without undue delay,” the court said.The petition followed four separate convictions recorded against Kappan by the Additional Metropolitan Magistrate, Borivali, Mumbai, on September 1.The cases were instituted by Dinesh Menon under the Negotiable Instruments Act over dishonoured cheques. Kappan was sentenced to one year in prison in each of three cases, while the fourth case resulted in a six-month sentence. The combined prison term is three-and-a-half years.The Mumbai court also ordered Kappan to pay compensation of Rs 1.20 crore in one case, Rs 1.70 crore each in two cases, and Rs 70 lakh in the fourth.The dispute between Kappan and Dinesh Menon relates to an alleged transaction involving a promise to provide shares in Kannur International Airport. Dinesh alleged that he had paid Rs 3.5 crore to Kappan in connection with the proposed share transaction.Kappan has denied the allegations and maintained that the proceedings against him were politically motivated.Following the Mumbai court’s convictions, Dinesh Menon approached the Kerala Legislative Assembly Speaker seeking Kappan’s disqualification from the date of conviction.His case before the High Court is that the convictions attract Section 8(3) of the Representation of the People Act, 1951, which provides for disqualification of a person convicted and sentenced to imprisonment for not less than two years.As no action was taken on his representation before the Speaker, Dinesh moved the High Court. Apart from seeking a direction to the Speaker to declare Kappan disqualified and the Pala seat vacant, he has sought action by the Election Commission to conduct a bye-election as well.Kappan opposed the petition, arguing that the High Court should not directly decide the question of his disqualification.His stand is that the Constitution provides a specific procedure for determining whether a sitting MLA has incurred disqualification. Referring to Article 192, Kappan argued that such a question has to be referred to the Governor, who is required to obtain the opinion of the Election Commission and act in accordance with that opinion.
Follow TNM's WhatsApp channel for news updates and story links.
THE Kerala High Court has directed the Speaker of the state Legislative Assembly to take appropriate action, in accordance with law, on a representation seeking the disqualification of Pala MLA Mani C Kappan following his conviction in four cheque dishonour cases in Mumbai.
Justice Bechu Kurian Thomas passed the direction on Thursday, October 1, while considering a petition filed by businessman Dinesh Menon, who has sought Kappan’s removal as a legislator and a declaration that the Pala Assembly seat has fallen vacant.
The court, however, refrained from deciding whether Kappan had incurred disqualification. It held that the question has to be considered by the Speaker, particularly as Dinesh Menon’s representation seeking a formal declaration of disqualification is already pending before the Assembly.
“Though various contentions have been raised by either side regarding the merits of the case, this Court is of the view that considering the limited scope in respect of the matter of disqualification, it is not proper for this Court to make any observation,” the court said, as per a Live Law report.
The court noted that the Speaker had been informed of Kappan’s convictions and directed that the matter be dealt with keeping in mind the provisions of the Constitution and the Representation of the People Act.
“He (Speaker) ought to take appropriate steps as he feels fit in accordance with law bearing in mind the provisions of the Constitution and the Representation of People Act at the earliest without undue delay,” the court said.
The petition followed four separate convictions recorded against Kappan by the Additional Metropolitan Magistrate, Borivali, Mumbai, on September 1.
The cases were instituted by Dinesh Menon under the Negotiable Instruments Act over dishonoured cheques. Kappan was sentenced to one year in prison in each of three cases, while the fourth case resulted in a six-month sentence. The combined prison term is three-and-a-half years.
The Mumbai court also ordered Kappan to pay compensation of Rs 1.20 crore in one case, Rs 1.70 crore each in two cases, and Rs 70 lakh in the fourth.
The dispute between Kappan and Dinesh Menon relates to an alleged transaction involving a promise to provide shares in Kannur International Airport. Dinesh alleged that he had paid Rs 3.5 crore to Kappan in connection with the proposed share transaction.
Kappan has denied the allegations and maintained that the proceedings against him were politically motivated.
Following the Mumbai court’s convictions, Dinesh Menon approached the Kerala Legislative Assembly Speaker seeking Kappan’s disqualification from the date of conviction.
His case before the High Court is that the convictions attract Section 8(3) of the Representation of the People Act, 1951, which provides for disqualification of a person convicted and sentenced to imprisonment for not less than two years.
As no action was taken on his representation before the Speaker, Dinesh moved the High Court. Apart from seeking a direction to the Speaker to declare Kappan disqualified and the Pala seat vacant, he has sought action by the Election Commission to conduct a by-election as well.
Kappan opposed the petition, arguing that the High Court should not directly decide the question of his disqualification.
His stand is that the Constitution provides a specific procedure for determining whether a sitting MLA has incurred disqualification. Referring to Article 192, Kappan argued that such a question has to be referred to the Governor, who is required to obtain the opinion of the Election Commission and act in accordance with that opinion.
