Pala MLA Mani C Kappan's conviction in four cheque-bounce cases in Mumbai has raised questions about the scope of the Representation of the People Act, with the Kerala High Court on Tuesday asking whether repeated convictions, each carrying a sentence of less than two years, can avoid the automatic disqualification of a legislator.

Justice Bechu Kurian Thomas orally raised the question while hearing a plea filed by businessman Dinesh Menon seeking Kappan's disqualification following his conviction in the four cases.

Kappan was convicted on September 1 under Section 138 of the Negotiable Instruments Act in cases filed by Mumbai-based businessman and Ottapalam native Dinesh Menon, Chairman and Managing Director of Menon Aviation & Hospitality Limited.

The cases stem from an alleged ₹3.5-crore transaction in 2012, when Menon claimed that Kappan had promised to arrange shares in Kannur International Airport. After the shares were not provided, Kappan allegedly returned ₹25 lakh and issued four cheques totalling ₹3.25 crore towards the remaining amount. The cheques were subsequently dishonoured.

Following the conviction, Menon approached the Kerala High Court seeking Kappan's disqualification.

Menon's counsel argued on Tuesday that Kappan's disqualification was automatic and immediate from the date of his conviction, as the sentences imposed in the four cases totalled three-and-a-half years. Kappan's counsel, however, pointed out that none of the individual cases carried a sentence exceeding two years.

At this juncture, Justice Bechu orally remarked that the purpose of disqualification provisions was to prevent the criminalisation of politics. The judge asked whether a person who repeatedly engages in criminal activity could avoid disqualification merely by arguing that each individual conviction carried a sentence below the prescribed threshold.

Menon's counsel also referred to the Supreme Court's decision in Lily Thomas v Union of India (2013), which struck down Section 8(4) of the Representation of the People Act and held that the disqualification of a sitting legislator takes effect immediately upon conviction and sentence of two years or more, without a window or buffer period to file an appeal. It was also argued that the sentences imposed in the four cases were not ordered to run concurrently and that the aggregate sentence therefore exceeded the two-year threshold for automatic disqualification.

Menon also sought interim relief, requesting a direction to the State Government and the Speaker not to disburse the perks and allowances payable to Kappan as an MLA until the disposal of the plea.

The Additional Metropolitan Magistrate, Borivali, Mumbai, Judicial Magistrate First Class, 43rd Court, convicted Kappan on September 1 for offences under the Negotiable Instruments Act based on complaints filed by Menon.

Kappan was sentenced to one year of simple imprisonment and directed to pay compensation of ₹1.2 crore in one of the cases, along with a default sentence. In two other cases, he was sentenced to one year each and directed to pay compensation of ₹1.70 crore in each case. In the fourth case, he was sentenced to six months' imprisonment and directed to pay compensation of ₹70 lakh.

In the present plea, Menon has sought a direction to the Speaker to declare the Pala Assembly seat vacant. He has also sought a direction to the Election Commission of India to initiate proceedings for a bye-election in the constituency.

Menon had earlier approached the Kerala Legislative Assembly Speaker seeking Kappan's disqualification with effect from the date of his conviction. However, no action was taken on the request, prompting him to approach the High Court, the plea states.
(With LiveLaw inputs)