Can MLA Convicted In Multiple Cases Avoid Disqualification If Each Sentence Is Below 2 Yrs? Kerala High Court Asks In Mani C Kappan's Case

The Kerala High Court on Tuesday (September 22) orally asked if repeated convictions with sentences not exceeding to 2 years can avoid automatic disqualification of a legislator as per the Representation of Peoples Act.

Justice Bechu Kurian Thomas posed the question orally while hearing a plea filed by businessman Dinesh Menon seeking to disqualify Pala MLA Mani C. Kappan following his conviction in 4 cheque bounce cases in Mumbai.

When the matter came up today, Menon's counsel submitted that Kappan's disqualification is automatic and immediate upon the date of his conviction since he was granted imprisonment for a period totalling 3 ½ years. Menon's counsel pressed for an interim relief, for a direction to the State government and the Speaker not to disburse the perks and allowances payable to an MLA till the disposal of the plea.

He pointed out Apex Court's decision in Lily Thomas v. Union of India (2013), which struck down Section 8(4) of the Representation of People Act and held that the disqualification of a sitting legislator takes effect immediately and automatically upon the pronouncement of the conviction and sentence of two years or more, without any window or buffer period for filing an appeal. It was argued that the different punishments granted are not stated to run concurrently and therefore, Kappan's conviction exceeded the 2 year-punishment term warranting immediate disqualification.

Kappen's counsel, however, pointed out that in none of the independent cases he was granted an imprisonment above 2 year period.

At this juncture, Justice Bechu orally remarked that the purpose of enacting disqualification is to prevent criminalisation of politics. The judge further orally asked if a person, who indulges in repeated criminal activities, can he take cover merely by saying that in each conviction the imprisonment was less than the prescribed period for automatic disqualification.

The Court then posted the case to September 28 for further consideration and asked Kappan to file his counter by September 25.

"Since the learned counsel for the petitioner insists on the matter being considered, at least an interim measure, this Court is of the view that counter affidavit, if any, should be filed by 25.09. Post on 28.09," the Court observed.

On September 1, the Additional Metropolitan Magistrate, Borivali, Mumbai - Judicial Magistrate (First Class), 43rd Court had convicted Kappan for the offences under the Negotiable Instruments Act based on the complaints preferred by Menon.

In one of the cases, Kappan was sentenced to undergo simple imprisonment for 1 year and directed to pay compensation of Rs. 1.2 crores, with default sentence. In the two other cases, imprisonment of one year each and compensation of Rs. 1.70 crores each was awarded. In the fourth case, Kappan was granted 6 months' imprisonment and liable to pay compensation of Rs. 70 lakhs.

In the present plea, a direction is sought to the Speaker to declare the seat in Pala as vacant. Additionally, a direction is sought to the Election Commission of India to initiate proceedings for a bye-election in the constituency.

Menon had also approached the Kerala Legislative Assembly Speaker seeking to disqualify Kappan with effect from the date of his conviction. However, no action has been taken on the same, prompting him to approach the High Court, states the plea.

The petition is moved by Advocates V. Sethunath, Thomas Abraham, Sreeganesh U. and Shamnas S. 

Case No: WP(C) 31188/2026

Case Title: Dinesh Menon v. State of Kerala and Ors.