Kappan says HC has no jurisdiction over disqualification plea
Pala MLA Mani C. Kappan is challenging a petition in the Kerala High Court that seeks his disqualification following a conviction in cheque-bounce cases. Kappan argues that the court lacks jurisdiction and that disqualification matters must be handled by the Governor and the Election Commission.
Why it matters
This case highlights the legal complexities and jurisdictional boundaries regarding the disqualification of elected officials in India.
Pala MLA Mani C. Kappan has argued that the question of disqualification of a sitting MLA does not fall within the jurisdiction of the Kerala High Court, while objecting to a petition seeking to remove him as the MLA and conduct a re-election for the constituency.
Mr. Kappan filed his objections to the petition filed by Mumbai-based businessman Dinesh Menon seeking his disqualification following his conviction in cheque-bounce cases on Thursday. Mr. Menon was also the complainant in the four cheque-bounce cases in which the Additional Metropolitan Magistrate, Borivali, Mumbai, had sentenced Mr. Kappan to a total of three and a half years of imprisonment, a fine of more than ₹3.25 crore and additional imprisonment upon default of payment.
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