HC directs Assembly Speaker to decide on disqualification of MLA Mani C. Kappan

The Kerala High Court has instructed the State Assembly's Speaker to address the disqualification of Pala MLA Mani C. Kappan, following his convictions in four cheque-bounce cases. Mumbai-based businessman Dinesh Menon initiated a petition, requesting Kappan's removal from office after he was sentenced to three and a half years in prison, a hefty fine, and additional punishment for default.

The High Court declined to comment on the disqualification matter, stating it was not appropriate. The petition was pending before the Speaker, and it falls to him to take necessary action under the Constitution and Representation of People's Act. Menon also sought a direction for the Election Commission of India to initiate by-election proceedings in the constituency.

Kappan argued that the Constitution outlined a specific process for determining MLA disqualification, which should be referred to the Governor and the Election Commission for a decision. However, the court could not direct the Governor to exercise this power. Menon's attempts to communicate with the Speaker and Secretary of the Legislative Assembly were unsuccessful, as the Governor holds the authority to make such decisions.