Mani C. Kappan faces disqualification plea in Kerala High Court

A petition has been filed in the Kerala High Court seeking the disqualification of Pala MLA Mani C. Kappan following his conviction in four cheque dishonor cases by a Mumbai court. The conviction, handed down by the Additional Metropolitan Magistrate in Borivali on September 1, resulted in a total sentence of three and a half years of imprisonment.

The cases, initiated by businessman Dinesh Menon, involve cheques totaling several crores of rupees. Under the Representation of the People Act, 1951, individuals convicted of an offence and sentenced to at least two years of imprisonment face disqualification from legislative office.

The petitioner argues that the disqualification should be effective immediately, citing the Supreme Court's ruling in Lily Thomas v. Union of India, which mandates that disqualification for sitting legislators takes effect automatically upon conviction. The plea requests the court to direct the Speaker of the Kerala Assembly to declare the Pala seat vacant and instruct the Election Commission of India to begin proceedings for a bye-election.