The Kerala High Court on Monday (September 14) issued notice to Mani C Kappan on a petition filed by businessman Dinesh Menon seeking his disqualification as Pala MLA following his conviction in four cheque-bounce cases in Mumbai.
Justice Bechu Kurian Thomas orally raised questions on the effect of suspension of the sentence on Kappan’s disqualification. The Court inquired about the legal effect of merely suspending a sentence when the conviction itself is not stayed, asking whether the disqualification would still remain in force unless the conviction is also stayed.
The State government and the Speaker of the Kerala Legislative Assembly were represented by the Government Pleader, who took notice of the petition. Standing counsel took notice on behalf of the Election Commission of India. The Court also directed that notice be served on Kappan through special messenger.
The Court granted the Government Pleader and the Election Commission’s standing counsel time to obtain instructions and posted the matter for September 22 for further consideration.
The petition arises from Kappan’s conviction on September 1 by the Additional Metropolitan Magistrate, Borivali, Mumbai, Judicial Magistrate First Class, 43rd Court, in four complaints filed by Menon under the Negotiable Instruments Act.
In one case, Kappan was sentenced to one year’s simple imprisonment and directed to pay Rs 1.2 crore as compensation, with a default sentence. In two other cases, he was sentenced to one year’s imprisonment in each and ordered to pay Rs 1.70 crore as compensation in each case. In the fourth case, he was sentenced to six months’ imprisonment and directed to pay Rs70 lakh as compensation.
The sentences collectively amount to three-and-a-half years of imprisonment.
Menon has sought a direction to the Assembly Speaker to declare the Pala seat vacant and has also sought directions to the Election Commission of India to initiate proceedings for a bye-election in the constituency.
According to the petition, Menon had earlier approached the Speaker seeking Kappan’s disqualification with effect from the date of his conviction. He has alleged that no action was taken on his representation, prompting him to approach the High Court.
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