Kerala HC issues notice to Kappan on plea seeking disqualification as MLA
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Kochi: The Kerala High Court on Monday issued notice to Pala MLA Mani C. Kappan on a petition seeking his disqualification from the Assembly following his conviction in four cheque-bounce cases in Mumbai. During the hearing, the court also raised questions about whether suspension of his sentence would have any bearing on his disqualification.
Justice Bechu Kurian Thomas orally asked: “What is the effect if sentence is suspended? Conviction is not stayed? If conviction is suspended also disqualification would not come?”
The court issued notice to Kappan through special messenger on a petition filed by businessman Dinesh Menon, who has sought a direction to the Speaker to declare the Pala Assembly seat vacant and to the Election Commission of India to initiate a bye-election.
The Government Pleader took notice on behalf of the State government and the Speaker, while the standing counsel took notice for the Election Commission of India. The court granted them time to obtain instructions and posted the case for further consideration on September 22.
The Additional Metropolitan Magistrate, Borivali, Mumbai, convicted Kappan on September 1 in four cases filed on complaints by Menon under the Negotiable Instruments Act.
In one case, Kappan was sentenced to one year of simple imprisonment and ordered to pay Rs 1.20 crore as compensation, with a default sentence. In two other cases, he was sentenced to one year each and directed to pay Rs 1.70 crore in compensation in each case. In the fourth case, he was sentenced to six months and ordered to pay Rs 70 lakh.
The total imprisonment awarded in the four cases is three-and-a-half years.
Menon had earlier approached the Speaker seeking Kappan’s disqualification with effect from the date of his conviction. The petition before the High Court contends that no action was taken, prompting him to seek judicial intervention.
Pala in Kottayam district has been marked by a deep political rivalry between the Kappan and Mani families that has shaped the constituency’s politics for more than three decades.
From 2006, Kappan, then a Left candidate, contested three successive Assembly elections against K.M. Mani, the Congress-led UDF candidate, losing on all three occasions.
Kappan secured his first victory in Pala in the 2019 bye-election following Mani’s death, defeating the Kerala Congress-Mani candidate and ending the Kerala Congress stalwart’s 52-year hold over the constituency.
The political equations changed significantly ahead of the 2021 Assembly election. Jose Mani took the Kerala Congress-Mani into the ruling Left Democratic Front, while Kappan moved to the Congress-led UDF.
Kappan retained Pala in the 2021 election, defeating Jose Mani. The rivalry continued into the 2026 Assembly election, when Kappan again defeated Jose Mani to retain the seat.
Jose Mani has criticised Kappan, alleging that he brought disrepute to Pala.
Kappan has said he will appeal against the conviction and denied owing money to Menon.
With IANS inputs