Supreme Court Stays Conviction Of NCP Leader Manikrao Kokate In 1995 Cheating Case, Restrains His Disqualification As MLA

The Supreme Court today stayed the conviction of senior Nationalist Congress Party (NCP) (Ajit Pawar Faction) leader Manikrao Kokate in a 1995 cheating case to the extent that he shall not face any resultant disqualification as an MLA.

A bench of CJI Surya Kant and Justice Joymalya Bagchi passed the order, while issuing notice on the politician's plea challenging a Bombay High Court order which suspended his sentence but refused to stay conviction.

While staying Kokate's conviction to the above extent, the bench added, "that will not entitle the petitioner to hold an office of profit". During arguments, Justice Bagchi notably remarked, "false declaration does not make a document forgery...there is a fundamental error in the conviction".

To recap, Kokate is accused of defrauding the government by taking advantage of a scheme introduced between 1989 and 1992, which was meant for the weaker sections of the society. As per the scheme, only people having annual income upto Rs 30,000 were eligible for the government flats. It is alleged that Kokate and his brother Vijay, submitted false affidavits claiming their income to be below Rs 30,000 for getting the flats and were subsequently allotted 2 such flats.

The prosecution has alleged that at the relevant time, Kokate was earning much above Rs 30,000 from his legal profession and also from the agricultural business. His father owned around 25 acres of agricultural land and Kokate supplied sugarcane grown on his father's land to local factories and even earned handsome amounts from the said business. All this was not disclosed by Kokate while applying for the government scheme flats, the prosecution alleged.

Kokate was initially convicted by a trial court in February this year. The said order was assailed before a Sessions Court in Nashik, which on December 16, upheld the conviction and sentenced him to 2 years imprisonment. With the sentence imposed on him, Kokate resigned from ministership and it was reportedly accepted by the State Government.

On December 12, vide the impugned order, a single bench of the Bombay High Court refused to stay Kokate's conviction but suspended his sentence.

Kokate urged the Court to stay his conviction highlighting that he could get unseated or disqualified as MLA, which would cause an 'irreparable' loss to him and could be considered as an 'exceptional circumstance' to grant the relief. However, the Court refused to consider the same as an 'exceptional' circumstance and instead reminded Kokate, who has been holding a 'constitutional' post of a Cabinet Minister, that such a post holder must discharge his duty with 'unwavering fidelity' to the public purposes.

"The office he occupies is not merely titular but is a solemn obligation to uphold the rule of law and safeguard the collective interest of the citizens. The fiduciary position demands a heightened standard of accountability. Permitting persons convicted to continue to hold constitutional office solely on account of a suspended conviction would cause irreparable prejudice to public interest and such a course would erode public confidence in democratic institutions, compromising the constitutional values and demoralises the other public functionaries who adhere to the law," the High Court observed.

Appearance: Senior Advocate Mukul Rohatgi (for Kokate); Senior Advocate Maninder Singh

Case Title: MANIKRAO SHIVAJI KOKATE Versus STATE OF MAHARASHTRA, Diary No. 74050-2025