Pala MLA challenges Kerala High Court’s jurisdiction in disqualification case
Pala MLA Mani C. Kappan has argued that a sitting legislator’s disqualification must be decided through the constitutional process involving the Governor and Election Commission. His objection responds to a petition seeking his removal after convictions in four cheque-bounce cases.
Pala MLA Mani C. Kappan has argued that the Kerala High Court does not have jurisdiction to decide a petition seeking his disqualification from the State Assembly. Mr.
Kappan filed objections to a petition by Mumbai businessman Dinesh Menon, who is seeking his removal and a fresh election in the constituency. Mr. Menon was the complainant in four cheque-bounce cases involving the MLA.
The Additional Metropolitan Magistrate in Borivali, Mumbai, sentenced Mr. Kappan to a total of three and a half years in prison and imposed fines exceeding ₹3.25 crore, with further imprisonment in default of payment. Mr.
Kappan said the Constitution provides a specific process for deciding whether a sitting MLA should be disqualified. According to his submission, the question must be referred to the Governor, who would obtain the Election Commission’s opinion before making a decision. He also argued that the High Court could not direct the Governor to exercise that power.
He said representations made by Mr. Menon to the Speaker and Secretary of the Kerala Legislative Assembly could not determine the issue because the Governor was the relevant authority. Mr.
Kappan further submitted that he was not currently serving the sentence and that the individual sentences were one year in three cases and six months in another. He argued that they did not meet the two-year threshold for disqualification under the Representation of the People Act, 1951.
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