Disqualification of Rahul Mamkoottathil could come up for debate during final Assembly session

Unlike in the case of Antony Raju, who was automatically disqualified as MLA after a court ruled him guilty of tampering evidence in a drug bust case, there is no scope for the immediate disqualification of Palakkad MLA Rahul Mamkoottathil who has been arrested for sexual abuse.

Nonetheless, the nine-member Privileges and Ethics Committee of Kerala Legislative Assembly chaired by CPM's Manalur MLA Murali Perunelly could take up the allegation of sexual misconduct by Mamkoottathil and the committee's recommendations could be put to debate during the last Assembly session of the 15th Kerala Assembly. The 32-day session begins on January 20 and ends on March 26.

Speaker A N Shamseer on Wednesday said that an MLA had to first forward a complaint for him to ask the Privileges and Ethics Committee to consider Mamkoottathil's disqualification. As it stands, no MLA has formally sought Mamkoottathil's disqualification. The Ethics Committee has six LDF and two UDF members.

The Speaker said that the Legislature Secretariat had received innumerable emails asking that the Palakkad MLA be disqualified or that his case be moved to the Privileges and Ethics Committee. "The Privileges and Ethics Committee can take up the complaints of only MLAs, not outsiders," the Speaker said. He said that it was beyond the powers of the Speaker to initiate police action against Mamkoottathil either.

Shamseer conceded that even the powers of the Ethics Committee to sit in judgment on the misdeeds of a member were vague. The power to disqualify a member is not bestowed on the Committee under the Kerala Assembly Rules of Procedure. Instead, the Committee has the power to "oversee moral and ethical conduct of members".

In the ‘Code of Conduct' for members, there is one clause that can be applied to Mamkoottathil. Under the 'General Principles members Should Abide By', it says: "Members shall maintain high standards of morality, dignity, decency and values in public life." If the Ethics Committee is asked to consider Mamkoottathil's case, it will be done on the basis of this clause.

The Committee, after deliberations, can submit a report with recommendations, including disqualification. After this, there will be a half-hour debate on the Committee's report in the Assembly. Clearly, the majority will prevail.

If it is assumed that the Privileges and Ethics Committee recommends disqualification for Mamkoottathil, the debate in the Assembly will clearly be in favour of the LDF as it has an unassailable majority in the House. Speaker Shamseer, however, said that the final call would be his. The Speaker said that any decision on Mamkoottathil, because it can set a model, should be taken with great discretion.

"There is no precedent for this. I don't know whether any MLA had ever faced an allegation of serial rape. Even when I say this, it has to be remembered that these are only allegations," the Speaker said. He said a decision would be taken when the issue comes to the floor of the House after deliberations in the Ethics Committee.

However, at the moment, the Ethics and Privileges Committee has not received any complaint seeking Mamkootathil's removal as MLA.

The Speaker, however, said that certain wrong tendencies were exhibited by certain legislators. "Such behaviour should not be promoted. But you cannot take such repulsive behaviour and extend its stench to the entire House and say it's the culture of Kerala. A rotten mango in a bunch does not mean the entire bunch is rotten," the Speaker said.

According to the Speaker, the most potent way to deal with such people is boycott. "Such people should be boycotted by the society. We hold important positions and there is a certain gentleness expected from us. We have to preserve our position's sanctity," Shamseer said. The Speaker had another word of advice. "People should be taught to respect women. That's the only way a society can progress," he said.