Published Oct 02, 2026 | 3:49 PM ⚊ Updated Oct 02, 2026 | 3:49 PM
Pala MLA Mani C Kappan
Synopsis: The Keralam High Court has left it to Assembly Speaker Thiruvanchoor Radhakrishnan to decide on a petition seeking the disqualification of Pala MLA Mani C Kappan following his conviction in four cheque-bounce cases. The court directed the Speaker to act without delay under the Constitution and the Representation of the People Act.
The Keralam High Court on Thursday, 1 October, left it to State Legislative Assembly Speaker Thiruvanchoor Radhakrishnan to decide on a petition seeking the disqualification of Pala MLA Mani C Kappan following his conviction in four cheque-bounce cases.
The petition was filed by Palakkad native and Mumbai-based businessman Dinesh Menon, the complainant in the cases.
Justice Bechu Kurian Thomas declined to make any finding on whether Kappan’s conviction warranted his disqualification, noting that Menon’s application seeking the MLA’s disqualification was already pending before the Speaker.
The court directed the Speaker to take appropriate steps without delay in accordance with the Constitution and the Representation of the People Act, 1951.
Section 8 of the Representation of the People Act provides for the disqualification of a legislator upon conviction for specified offences where the sentence is two years or more.
Kappan’s counsel contended before the High Court that the Constitution lays down a specific procedure for deciding the disqualification of a sitting MLA. The question has to be referred to the Governor, it was argued, who is required to obtain the Election Commission’s opinion before taking a decision. It was also argued that the High Court could not compel the Governor to exercise that power.
Menon has also sought a direction to the Election Commission of India to initiate steps for a by-election in Pala. He had earlier approached the Speaker seeking Kappan’s disqualification from the date of his conviction, but moved the High Court after no action was taken on his representation.
Also Read: A first? Cochin Council accepted Gandhi portrait as symbol of hope, well before it became norm
Kappan was convicted by the Additional Metropolitan Magistrate, Borivali, Mumbai, on 1 September in four complaints filed by Menon under the Negotiable Instruments Act.
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.
In one case, the court sentenced Kappan to one year’s simple imprisonment and directed him to pay ₹1.20 crore as compensation, with a further sentence in case of default.
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.
(Edited by Dese Gowda with inputs from Dileep V Kumar)
