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Businessman Dinesh Menon has approached the Kerala High Court seeking the disqualification of Pala MLA Mani C Kappan, following his conviction in four cheque dishonour cases in Mumbai. Dinesh Menon has sought a direction to the Kerala Legislative Assembly Speaker to declare Kappan’s seat vacant and for the Election Commission of India to initiate a by-election in the constituency.
The four convictions were handed down on September 1 by the Additional Metropolitan Magistrate, Borivali, Mumbai, in cases filed by Dinesh Menon under the Negotiable Instruments Act. The sentences awarded to Kappan in the four cases amount to a total of three-and-a-half years in prison.
In one case, the court sentenced Kappan to one year of simple imprisonment and ordered him to pay Rs 1.20 crore as compensation, along with a default sentence. In two other cases, he was sentenced to one year each and directed to pay Rs 1.70 crore in compensation in each case. In the fourth case, he was sentenced to six months in prison and ordered to pay Rs 70 lakh.
Dinesh Menon has now contended before the High Court that the convictions attract the disqualification provisions under Section 8(3) of the Representation of the People Act, 1951. The provision states that a person convicted of an offence and sentenced to imprisonment for at least two years is disqualified from the date of conviction, with the disqualification continuing for six years after their release.
The plea also relies on the Supreme Court’s 2013 judgment in Lily Thomas v Union of India, which struck down Section 8(4) of the Representation of the People Act. The judgment held that a sitting legislator becomes disqualified immediately upon conviction and being sentenced to two years or more, rather than retaining a period to challenge the conviction before the disqualification takes effect.
Based on this, Dinesh Menon has argued that Kappan’s disqualification has already taken effect and that the Pala seat should be formally declared vacant.
Dinesh Menon had earlier submitted a representation to the Kerala Legislative Assembly Speaker seeking Kappan’s disqualification with effect from the date of his conviction. He has now approached the High Court alleging that no action was taken on the representation.
In the latest petition, Dinesh Menon has sought directions to the Speaker to issue a formal notification declaring Kappan disqualified and to declare the Pala constituency seat vacant. He has also sought directions to the Election Commission to begin the process for a by-election. The cheque cases stem from a dispute between Dinesh Menon and Mani C Kappan over an alleged promise to provide shares in Kannur International Airport. Dinesh Menon had alleged that Kappan took Rs 3.5 crore from him after making such a promise. Kappan has denied the allegations and maintained that the case was politically motivated.
Kappan had earlier faced criminal proceedings in Kerala arising from the broader dispute. A special court in Ernakulam acquitted him of the criminal charges in February 2025, while the Kerala High Court had previously declined to interfere with the framing of charges against him.
The latest petition before the Kerala High Court concerns the effect of the Mumbai convictions on Kappan’s position as a sitting legislator.
The petition has been filed through advocates V Sethunath, Thomas Abraham, Sreeganesh U and Shamnas S.
