Kerala HC asks govt, Speaker and EC to respond to plea seeking Mani C Kappan’s disqualification

A three-and-a-half-year aggregate sentence in four cheque bounce cases has now put Pala MLA Mani C Kappan’s Assembly membership under judicial scrutiny, with the Kerala High Court seeking responses from the state government, Assembly Speaker and the Election Commission of India.

Justice Bechu Kurian Thomas on Monday issued notices to the state government, Speaker Thiruvanchoor Radhakrishnan, the EC and Kappan, who belongs to the Kerala Democratic Party, on a petition seeking a declaration that the MLA stands disqualified following his conviction and sentence by a Mumbai court.

The matter has been posted for further hearing on September 22.

The plea, filed by Maharashtra resident Dinesh Menon, centres on the manner in which the sentences handed down to Kappan in four cheque bounce cases are to operate.

According to Menon, a Mumbai court sentenced the Pala MLA to a total of three-and-a-half years on September 1.

The petitioner has argued that the sentences in the four cases are not running concurrently.

On that basis, Menon contends that the cumulative sentence attracts disqualification and that Kappan cannot continue as a legislator.

The petition also points to an earlier representation made by Menon before the Kerala Assembly Speaker, seeking action against Kappan.

The petitioner approached the High Court after claiming that no action was taken on his representation.

The court, while hearing the plea, has now sought the positions of the government, the Speaker, the EC and Kappan himself before proceeding further with the matter.

The case therefore places the question of Kappan’s continuation as the elected representative of Pala directly before the High Court, with the next hearing scheduled for September 22.