Published Sep 14, 2026 | 1:37 PM ⚊ Updated Sep 14, 2026 | 1:50 PM
Pala MLA Mani C Kappan
The disqualification sword continues to hang over Pala MLA Mani C Kappan, as the Kerala High Court on Monday sought clarity on the legal effect of the suspension of his sentence after his conviction in four cheque-bounce cases in Mumbai.
Justice Bechu Kurian Thomas, while hearing a petition filed by businessman Dinesh Menon seeking Kappan’s disqualification as MLA, orally raised the question of whether suspension of the sentence would have any bearing on the disqualification arising from the conviction.
The court issued notice to Kappan, while the Government Pleader accepted notice on behalf of the state government and the Speaker of the Kerala Legislative Assembly. The Standing Counsel accepted notice for the Election Commission of India. Notice was also ordered to be served on Kappan through a special messenger.
The court granted the Government Pleader and the Election Commission’s Standing Counsel time to obtain instructions and posted the matter for further consideration on September 22.
The petition assumes significance as Kappan was convicted by the Additional Metropolitan Magistrate, Borivali, Mumbai, on September 1 in four complaints filed by Menon under the Negotiable Instruments Act.
In one case, the court awarded Kappan one year’s simple imprisonment and directed him to pay ₹1.20 crore as compensation, with a default sentence. In two other cases, he was sentenced to one year’s imprisonment in each and ordered to pay ₹1.70 crore as compensation in each case. In the fourth case, he was sentenced to six months’ imprisonment and ordered to pay ₹70 lakh.
The cumulative prison term awarded in the four cases is three-and-a-half years.
Menon has approached the High Court seeking a direction to the Speaker to declare the Pala Assembly seat vacant. He has also sought directions to the Election Commission of India to initiate steps for a by-election in the constituency.
According to the petition, Menon had earlier approached the Speaker seeking Kappan’s disqualification from the date of his conviction. However, with no action having been taken on his representation, he moved the High Court.
The legal issue before the High Court is significant because Section 8 of the Representation of the People Act, 1951, provides for disqualification of a legislator upon conviction for specified offences where the sentence is two years or more.
The Mumbai cases arose from complaints filed by Menon, a Palakkad native and Mumbai-based businessman. The complaints alleged that Kappan and others had obtained money from him on the promise of providing a stake in the Kannur Airport project and that more than ₹3 crore had been misappropriated.
Following the Mumbai court verdict, Kappan had maintained that he had committed no wrongdoing and indicated that he would challenge the conviction before a higher court.
With the High Court now examining the consequences of the conviction on his continuation as Pala MLA, the status of Kappan’s seat has emerged as a fresh legal and political issue.
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(With inputs from Dileep V Kumar.)
