Pala MLA Mani C. Kappan has filed objections to a petition that seeks to disqualify him from office and trigger a re‑election in his constituency. He argues that the Kerala High Court does not have jurisdiction over the issue of a sitting MLA’s disqualification.
The petition was filed by Mumbai‑based businessman Dinesh Menon, who was convicted in four cheque‑bounce cases. In those cases, an Additional Metropolitan Magistrate in Borivali sentenced Kappan to a total of three and a half years’ imprisonment, a fine exceeding ₹3.25 crore, and additional imprisonment if the fine was not paid. Menon is the complainant in all four cases.
Kappan contends that the Constitution provides a specific procedure for determining whether an MLA can be disqualified. According to him, the question must be referred to the Governor, who would seek the Election Commission’s opinion before making a decision. He maintains that the court cannot compel the Governor to exercise that power.
He also said that Menon’s attempts to persuade the Speaker and the Secretary of the Kerala Legislative Assembly were ineffective, as the Governor is the ultimate authority. Kappan added that he is not currently serving any sentence; he had been sentenced to one year in three cases and six months in one case. He argues that the sentences fall short of the two‑year threshold required for disqualification under the Representation of the People Act, 1951.
