Kappan Challenges Kerala High Court's Jurisdiction in Disqualification Plea

Pala MLA Mani C. Kappan has contended that the disqualification of a sitting legislator is not a matter for the Kerala High Court, as he responded to a petition seeking his removal from the Assembly and a fresh election in the constituency.

In his objections filed on Thursday, Mr. Kappan argued that the Constitution lays down a specific procedure for deciding whether a sitting MLA should be disqualified. Under that scheme, the question is to be referred to the Governor, who would seek the opinion of the Election Commission before arriving at a decision. He further submitted that the court cannot direct the Governor to exercise this power.

The petition was moved by Mumbai-based businessman Dinesh Menon, who had also been the complainant in four cheque-bounce cases. In those cases, the Additional Metropolitan Magistrate, Borivali, Mumbai, sentenced Mr. Kappan to a total of three and a half years of imprisonment, along with a fine exceeding ₹3.25 crore and further imprisonment in case of default on payment.

Mr. Kappan also submitted that representations made by Mr. Menon to the Speaker and the Secretary of the Keralam Legislative Assembly were futile, since the authority to decide on disqualification rests with the Governor. On the question of sentence, he stated that he is not currently serving any term, and that the punishments awarded were one year in three cases and six months in one case. According to him, these do not cross the two-year threshold that triggers disqualification under the Representation of the People Act, 1951.