Representation Before Kerala Legislative Assembly Speaker To Disqualify Pala MLA Mani C Kappan After Conviction In Cheque Bounce Case
Businessman Dinesh Menon has moved a representation before the Kerala State Legislative Assembly Speaker seeking to disqualify Pala MLA Mani C. Kappan following his recent conviction in 4 cheque bounce cases.
Menon has prayed for issuance of a formal notification declaring Kappan's disqualification with effect from the date of conviction and for a declaration that the Pala Constituency seat is vacant so that the Election Commission of India can initiate the process for a by-election.
On September 1, the Additional Metropolitan Magistrate, Borivali, Mumbai - Judicial Magistrate (First Class), 43rd Court had convicted Kappan under the Negotiable Instruments Act based on the complaints preferred by Menon. Kappen was sentenced to imprisonment of 3 ½ years in the four cases.
Menon's representation refers to Section 8(3) of the Representation of the People Act, 1951, which states that a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since their release.
Reliance is also placed on Apex Court's decision in Lily Thomas v. Union of India (2013) which struck down Section 8(4) of the Act and holding 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. He has, thus, stated that Kappan's disqualification has already come into effect.
Presently, an election petition [El.Pet. 5/2021] is pending before the Kerala High Court challenging Kappan's win from Pala constituency alleging corrupt practice. In November 2024, the High Court had dismissed another election petition filed by independent candidate C.V. John challenging the Kappan's victory in Pala.