The Kerala High Court has directed the state assembly speaker to decide without undue delay on a representation seeking the disqualification of Mani C Kappan as the MLA from Pala, following his conviction in four cheque cases involving Rs 3.25 crore.
A bench of Justice Bechu Kurian Thomas issued the direction while disposing of a petition filed by Dinesh Menon of Mumbai, whose complaints led the additional metropolitan magistrate court in Borivali, Mumbai, to convict Kappan and sentence him to three-and-a-half years’ imprisonment.
Menon had approached the high court after alleging that no action was taken on his representation seeking Kappan’s disqualification. According to the petitioner, he had emailed the representation to the speaker, but the speaker was out of station at the time.
The petition relied on Section 8(3) of the Representation of the People Act. Menon argued that the provision disqualifies a person convicted of an offence and sentenced to imprisonment for not less than two years, beginning from the date of conviction and continuing for six years after the person’s release.
Kappan opposed the petition and questioned its maintainability. He argued that the question of disqualification of a member of a state legislature should be decided by the governor. He also contended that the sentences imposed in the four cases could not be aggregated to trigger Section 8(3), since none of the individual sentences was for two years or more.
The high court did not make findings on the merits of these competing arguments. It observed that the scope of judicial review at this stage was limited and that it would not be appropriate to determine the substantive disqualification question in the petition.
The court also noted that Menon had filed a representation seeking the same relief before the governor. It further observed that the speaker would have been informed of Kappan’s conviction not only by the petitioner but also by the chief secretary, in accordance with an Election Commission notification.
The court said the speaker should take appropriate steps as deemed fit and in accordance with the law. It consequently directed the speaker to decide the matter without undue delay. The order leaves the final determination on Kappan’s eligibility to continue as MLA with the competent constitutional authority and does not itself declare the seat vacant.
