HC directs Assembly Speaker to decide on disqualification of MLA Mani C. Kappan
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Mani C. Kappan | Photo Credit: H. Vibhu
The Kerala High Court has directed the Speaker of the State Legislative Assembly to take steps in accordance with law, on the question of disqualification of Pala MLA Mani C. Kappan after his conviction in four cheque-bounce cases.
Mumbai-based businessman Dinesh Menon had filed a petition, seeking Mr. Kappan’s disqualification following his conviction in the cheque-bounce cases. Mr. Menon was also the complainant in the four cheque-bounce cases in which the Additional Metropolitan Magistrate, Borivali, Mumbai, had sentenced Mr. Kappan to a total of three and a half years of imprisonment, a fine of more than ₹3.25 crore and additional imprisonment upon default of payment.
The High Court said that it was not proper for it to make an observation on the matter of disqualification. An application (by Mr Menon) to issue a formal disqualification, was pending before the Speaker. It is thus up to the Speaker to take appropriate steps without delay, under the provisions of the Constitution and under the Representation of People’s Act.
The petitioner also sought a direction to the Election Commission of India to initiate proceedings for a by-election in the constituency.
Mr. Kappan had contended that the Constitution provided a specific mechanism for determining whether a sitting MLA could be disqualified. Such a question would be referred to the Governor, who would obtain the Election Commission’s opinion before making a decision. The court could not direct the Governor to exercise this power either.
Mr. Menon’s representations to the Speaker and Secretary of the Keralam Legislative Assembly were futile, since the Governor was the authority to make this decision, he argued.
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