Petition Filed in Kerala HC Seeking MLA Kappan’s Disqualification
The petitioner has sought a direction declaring Kappan disqualified from continuing as MLA from Pala with effect from September 1, declaring the seat vacant and directing the Election Commission to initiate proceedings for a bye-election
Kochi: A petition was filed in the Kerala High Court on Friday seeking the disqualification of Pala MLA Mani C Kappan following his conviction and sentencing in four cheque cases by a Mumbai court.
The writ petition was filed by Dinesh Menon, who had initiated the four cheque bounce cases against Kappan.
According to the petition, the Additional Metropolitan Magistrate, Borivali, Mumbai, convicted Kappan in all four cheque bounce cases on September 1 and sentenced him to a total of three-and-a-half years in prison.
The sentences were to run consecutively, it said.
The four cases arose from an agreement dated November 19, 2013, and cheques issued subsequently.
The cheque amounts were Rs 75 lakh, Rs 1 crore, Rs 1 crore and Rs 50 lakh, according to the petition.
The petitioner said he submitted a representation to the Keralam Assembly Speaker on September 8 seeking Kappan's disqualification.
The original representation and certified copies were handed over to the Speaker's private secretary on September 9.
The petition claimed that the private secretary informed him that the Speaker would return to Thiruvananthapuram only on September 28.
The petitioner said that the Speaker, being a constitutional functionary, should consider the representation and take urgent action.
He contended that the aggregate of consecutive sentences should be considered while determining disqualification, citing the Supreme Court's observations in similar cases.
The petitioner has sought a direction declaring Kappan disqualified from continuing as MLA from Pala with effect from September 1, declaring the seat vacant and directing the Election Commission to initiate proceedings for a bye-election.
The petition also seeks an interim direction restraining the state and Speaker from disbursing perks and allowances to Kappan as an MLA pending disposal of the case.
The state government, the Election Commission of India, the Keralam Assembly Speaker, and Kappan have been made respondents to the petition.
The petition will be considered for hearing next week.
Kappan won the Assembly election from the Pala seat as an independent UDF candidate.