Businessman Dinesh Menon has moved the Kerala High Court seeking a declaration that Mani C. Kappan is disqualified to continue as MLA of Pala constituency following his conviction in 4 cheque dishonor cases in Mumbai earlier this month.

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. Thus, the imprisonment awarded totalled to 3 ½ years.

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.

The plea 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.

"Despite the clear statutory mandate and settled legal principles, Respondent No. 4 [Kappan] continues to hold the office of MLA, attend legislative sessions, and draw salary and perks from the public exchequer. Respondent No. 3 [Speaker] has failed to issue a formal notification declaring the seat vacant and Respondent No. 2 [ECI] has not instituted steps to conduct a bye-election for the Pala constituency," states the plea.

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.

In the interim, a direction is sought to the State government and the Speaker not to disburse the perks and allowances payable to an MLA till the disposal of 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.