Kochi: The Kerala High Court on Monday issued notice to Pala MLA Mani C Kappan on a petition seeking his disqualification following his conviction in four cheque-bounce cases in Mumbai.

Justice Bechu Kurian Thomas sought clarity on the legal effect of suspending Kappan’s sentence and orally asked whether disqualification would apply if the conviction itself was not stayed.

The Government Pleader took notice on behalf of the State government and the Speaker of the Kerala Legislative Assembly, while the Election Commission of India was represented by its standing counsel. The court directed that notice be served on Kappan through a special messenger.

The court granted the government pleader and standing counsel time to obtain instructions and posted the case for further consideration on September 22.

Kappan was convicted on September 1 by the Additional Metropolitan Magistrate, Borivali, Mumbai, functioning as the Judicial Magistrate (First Class), 43rd Court, in four cases filed by Mumbai-based businessman Dinesh Menon under the Negotiable Instruments Act.

In one case, Kappan was sentenced to one year of simple imprisonment and ordered to pay ₹1.2 crore as compensation. In two other cases, he was sentenced to one year each and ordered to pay ₹1.70 crore as compensation in each. In the fourth case, he was sentenced to six months' imprisonment and ordered to pay ₹70 lakh. The sentences together total 3.5 years.

Menon has approached the High Court seeking a direction to the Speaker to declare the Pala Assembly seat vacant and asking the Election Commission to initiate proceedings for a by-election.

According to the petition, Menon had earlier approached the Speaker seeking Kappan’s disqualification with effect from the date of his conviction. He moved the High Court after no action was taken on his representation.

The petition was filed through advocates V Sethunath, Thomas Abraham, Sreeganesh U and Shamnas S.
(With LiveLaw inputs)