Mani C Kappan
Article 192 of the Constitution provides that any question regarding the disqualification of a member of a state legislature shall be referred to Governor, who is required to obtain the opinion of Election Commission . Menon filed the petition after the additional metropolitan magistrate court at Borivali in Mumbai, convicted Kappan in four cheque cases filed by him involving Rs 3.25 crore and sentenced him to a total of three-and-a-half years’ imprisonment on Sept 1. Menon contended that Section 8(3) of the Representation of the People Act provides 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. He alleged that Menon had sought his disqualification by aggregating the sentences imposed in the four cases to arrive at three-and-a-half years, which, according to him, was not the legislative intent of Section 8(3) of the Representation of the People Act.
Kappan pointed out that, instead of approaching Governor, Menon had approached Speaker of the Kerala Legislative Assembly. Kappan, however, contended that the conviction and sentences arose from four separate criminal cases and four separate judgments. None of the individual sentences, he stated, was for two years or more to attract disqualification.
In an affidavit filed before the HC, Kappan contended that the relief sought by petitioner Dinesh Menon of Mumbai cannot be granted as there is a separate constitutional mechanism for determining disqualification.