LiveThursday · 12 November 2026Vol. VIII · No. 316
Bangalore
18°C · Overcast18°C
Thu, 12 Nov
Latest
Politics

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.

Kappan says HC has no jurisdiction over disqualification plea

Published - September 28, 2026 01:11 am IST

Terms & conditions | Institutional Subscriber

Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.

Related in Politics

Cochin shipyard, SFO Technologies jointly develop sophisticated laser arc welding technology
Politics

Cochin shipyard, SFO Technologies jointly develop sophisticated laser arc welding technology

Cochin Shipyard and SFO Technologies unveil India's first indigenous hybrid laser arc welding system for faster, deeper, more consistent shipbuilding and manufacturing.

The Hindu11 Nov
Consultations with Governor ongoing to arrive at agreement over V-C appointment: Higher Education Minister
Politics

Consultations with Governor ongoing to arrive at agreement over V-C appointment: Higher Education Minister

Government engages with Governor to finalize Vice-Chancellor appointments amid ongoing consultations and interim in-charge appointments.

The Hindu11 Nov
Cusat Syndicate member approaches Kerala High Court against employees’ strike
Politics

Cusat Syndicate member approaches Kerala High Court against employees’ strike

Cusat Syndicate member petitions Kerala High Court against a 35-day strike by employees demanding reinstatement of suspended colleagues amid student disruption.

The Hindu11 Nov
MYL rally in Keralam’s Kochi: contempt of court plea filed before High Court
Politics

MYL rally in Keralam’s Kochi: contempt of court plea filed before High Court

Contempt petition filed in Kerala HC seeks action against rally organizers and officials for traffic disruption during MYL rally.

The Hindu11 Nov
Madras High Court reserves orders in cases challenging NGT’s construction ban on 1 km radius around Pallikaranai marshland
Politics

Madras High Court reserves orders in cases challenging NGT’s construction ban on 1 km radius around Pallikaranai marshland

Madras High Court reserves verdict on NGT 1 km Pallikaranai ban, weighing interim zone proposals and wetlands safeguards.

The Hindu11 Nov
Cabinet nod to development of Yuge Yugeen Bharat Museum with project cost of ₹3,230 crore
Politics

Cabinet nod to development of Yuge Yugeen Bharat Museum with project cost of ₹3,230 crore

Cabinet approves ₹3,230 crore Yuge Yugeen Bharat Museum in Delhi’s North-South Block, blending heritage with immersive, global-standard exhibits.

The Hindu11 Nov

Latest Across Vijaya Chronicle