Mani C Kappan
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, according to the petitioner. He also contended that aggregating the sentences imposed in the four cases to arrive at a total of three-and-a-half years was not the legislative intent of Section 8(3) of the Representation of the People Act. Kochi: The high court has directed the state assembly speaker to take appropriate steps in accordance with the law, without undue delay, on the representation seeking the disqualification of Mani C Kappan from continuing as an MLA representing the Pala constituency following his conviction and sentence in cheque cases. He further stated that despite having emailed a representation to the speaker seeking Kappan’s disqualification, no action had been taken as the speaker was out of station. Subsequently, Menon approached the HC. Opposing the petition, Kappan questioned its maintainability and argued that the question of disqualification of a member of a state legislature is to be decided by the governor.
Meanwhile, the court observed that, considering the limited scope of judicial review at this stage in matters of disqualification, it would not be proper to make any observations on the merits. It further observed that the speaker would have been informed of Kappan’s conviction not only by the petitioner but also by the chief secretary, in accordance with the Election Commission’s notification. The speaker ought to take appropriate steps as he deems fit, in accordance with the law. Accordingly, the bench directed the speaker to decide the matter without undue delay.
The court also noted that a representation seeking the same relief had been filed before the governor by the petitioner.