Kappan says HC has no jurisdiction over disqualification plea
Kappa's challenge argues Kerala High Court lacks jurisdiction over MLA disqualification, urging Governor and Election Commission procedures per the Constitution.
Published - September 28, 2026 01:11 am IST - KOCHI
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.
Mr. Kappan stated that the Constitution provided a specific mechanism for determining whether a sitting MLA could be disqualified. Such a question would be referred to the Governor, who would obtain the Election Commission’s opinion before making a decision. Mr. Kappan argued that the court could not direct the Governor to exercise this power either.
The MLA also stated that Mr. Menon’s representations to the Speaker and Secretary of the Keralam Legislative Assembly were futile, since the Governor was the authority to make this decision. He further stated that he was not currently serving the sentence and that he had only been sentenced to one year in three cases and six months in one case. He claimed that the sentences imposed by the trial court did not meet the two-year threshold for disqualification under the Representation of the People Act, 1951.
Published - September 28, 2026 01:11 am IST
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