Kerala High Court Refuses To Interfere With Assembly Ethics Committee Proceedings Against Rahul Mamkoottathil MLA

The Kerala High Court on Thursday (March 5) dismissed the public interest litigation filed by Advocate Kulathoor Jaisingh seeking a direction to drop further proceedings before the Ethics Committee of the Legislative Assembly against Palakkad MLA Rahul Mamkootathil that was initiated on the basis of a complaint made by D.R. Murali, MLA of Vamanapuram, Thiruvananthapuram.

A detailed order is awaited

The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. held that the writ petition preferred under Article 226 of the Constitution of India is not maintainable and is liable to be dismissed.

When the matter came for consideration, the counsel representing the petitioner pointed out that no final report has been filed in the cases. However, the Court refused to entertain the same.

"This is part of the matter pending before the Committee. We cannot decide on this...Matter is pending before that, we cannot direct...That they will decide...That is the matter pending before the Ethics Committee. You don't have any locus at this stage. What locus you have? Can we direct the Speaker? We cannot do this to the Speaker," the Court orally remarked.

The petitioner then told the Bench that when the Legislative Assembly goes beyond their powers, the Court can interfere.

"What beyond their power? This is a matter that the Speaker has to decide. Can we direct the Speaker, 'you do this'? It's pending before the Speaker," Justice Sen orally said

"Without checking the maintainability, the Speaker sent this to the 2nd respondent [Secretary of the Kerala Legislative Assembly]," the counsel argued.

"This matter has not attained finality...," the Court remarked.

In its order dismissing the PIL, the Court observed that the the when the matter is pending before the Privileges and Ethics Committee of the Kerala Legislative Assembly, the High Court cannot exercise jurisdiction:

"Said scheme of things cannot be altered by a citizen invoking the jurisdiction of this Court under Article 226. We find that the writ petition is not maintainable and the same is dismissed."

In the PIL, the petitioner has stated that Murali filed a complaint against Mamkootathil, who is currently arrayed as an accused in three criminal cases, to take action against the latter for violating the Code of Conduct of Members outside the Legislative Assembly.

It is also pointed out that the Speaker forwarded the complaint to the Secretary of Kerala Legislative Assembly, following which the petitioner filed a representation before the Speaker and the Secretary to drop the further proceedings pursuant to the complaint but no action has been taken on the same in spite of the reminder representation sent by the petitioner. Therefore, he approached the High Court seeking a direction for consideration of his representation.

The petition is moved by Advocate M.R. Sarin.

Case No: WP(PIL) No. 44/2026

Case Title: Adv. Kulathoor Jaisingh v. The Chairman and Ors.

Citation: 2026 LiveLaw (Ker) 126