Kochi: The Kerala High Court on Thursday directed the state Assembly Speaker to take appropriate steps under the law on a plea seeking the disqualification of Pala MLA Mani C Kappan following his conviction in four cheque-bounce cases.

Justice Bechu Kurian Thomas was hearing a petition filed by businessman Dinesh Menon, who sought Kappan's disqualification, a declaration that the Pala Assembly seat was vacant and directions to the Election Commission to initiate by-election proceedings.

The court, however, refrained from deciding whether Kappan had incurred disqualification. It noted that a representation seeking his formal disqualification was already pending before the Speaker and directed him to take appropriate steps under the Constitution and the Representation of the People Act "at the earliest without undue delay."

A Mumbai court had convicted Kappan on September 1 in four cases under the Negotiable Instruments Act and sentenced him to a total of three-and-a-half years in prison. Menon filed the cases over dishonoured cheques.

Menon approached the High Court after alleging that no action had been taken on his representation to the Speaker seeking Kappan's disqualification.

Kappan, in his counter affidavit, challenged the maintainability of the plea. He argued that the Constitution provides a specific mechanism for deciding the disqualification of a sitting MLA and that the question has to be referred to the Governor, who is required to obtain the Election Commission's opinion.

He also contended that the four cases involved separate prosecutions, judgments and sentences and that the sentences should not be aggregated for determining disqualification under Section 8(3) of the Representation of the People Act.
(With LiveLaw inputs)