Kochi : A petition has been filed before the high court by Dinesh Menon of Mumbai, seeking to disqualify Mani C Kappan from continuing as an MLA from Pala constituency following his conviction and sentence to three-and-a-half years’ imprisonment in four cheque cases by a magistrate court in Mumbai on complaints filed by Menon.
The petition stated that the additional metropolitan magistrate court, Borivali, Mumbai, had convicted and sentenced Kappan to three-and-a-half years’ imprisonment in four cheque cases involving Rs 3.25 crore filed by Menon on Sept 1. Accordingly, on Sept 9, Menon emailed a representation to the Speaker of the state assembly informing him of Kappan’s conviction and seeking to have him declared disqualified from continuing as a member of the legislative assembly. The petition further pointed out that Section 8(3) of the Representation of the People Act stipulates that a person convicted of an offence and sentenced to imprisonment for not less than two years stands disqualified from the date of conviction and remains disqualified for a further six years from the date of release. Menon contended that after receiving the representation, the Speaker’s private secretary informed him that the Speaker would return to Thiruvananthapuram only on Sept 28, prompting him to approach the HC.
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The Speaker, being a constitutional functionary, has to function wherever he is residing and pass urgent orders when necessary, or return to his office immediately upon receiving a representation seeking disqualification, according to Menon. Menon also sought interim relief restraining the disbursement of perks and allowances to Kappan till the disposal of the petition. Download the TOI App.