The Kerala High Court on Thursday (October 1) directed the Speaker of the Legislative Assembly of Kerala to take appropriate steps in accordance with law on the question of disqualification of Pala MLA Mani C. Kappan following his conviction in 4 cheque cases. [2026 LiveLaw (Ker) 539]

Justice Bechu Kurian Thomas today heard detailed arguments by Advocate V. Sethunath for the petitioner, the Advocate General K. Jaju Babu and Senior Advocate Santosh Mathew for Kappan.

The Court referred to an Apex Court decision and observed:

"Though various contentions have been raised by either side, regarding merits of the case, this Court is of the view that considering the limited scope in respect of the matter of disqualification, it is not proper for this Court to make any observation. Concededly, an application for issuing a formal notification declaring disqualification is pending before the Speaker...In view of the above, since the Speaker of the Kerala Legislative Assembly would have been informed of the conviction...and has been informed by P6 representation, he ought to take appropriate steps as he feels fit in accordance with law bearing in mind the provisions of the Constitution and the Representation of People Act at the earliest without undue delay."

The development comes in a writ petition filed by businessman Dinesh Menon seeking Kappan's disqualification following conviction in 4 cheque cases. The plea was filed seeking a direction to the Speaker to declare the seat in Pala as vacant and to the Election Commission of India to initiate proceedings for a bye-election in the constituency.

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.

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.

During the last hearing, the Court had 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.

Kappan had filed a counter affidavit, contending that the plea itself was not maintainable. He has stated that the reliefs sought in the plea cannot be granted since there is an exclusive mechanism provided under the Constitution itself in the matter of disqualification of a sitting MLA. Referring to Article 192, it is submitted that the question regarding disqualification is to be referred to the Governor, who has to obtain the Election Commission's opinion and act according to it.

Kappan has further stated that even if the cheques dishonoured arose out of the same transaction, that cannot convert four separate prosecutions, four separate judgments and four separate sentences into one conviction or one sentence for the purposes of Section 8(3).

Case No: WP(C) 31188 of 2026

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

Citation: 2026 LiveLaw (Ker) 539

Counsel for the petitioner: V. Sethunath, Thomas Abraham, Sreeganesh U. and Shamnas S.

Counsel for the respondents: Santhosh Mathew (Sr.), Deepu Thankan, Ummul Fida, Pooja Chandran, K. Jaju Babu - AG