Kerala High Court asks the Assembly Speaker to act on the Pala MLA's disqualification question
5 October 2026
Justice Bechu Kurian Thomas has directed the Speaker of the Kerala Legislative Assembly to take appropriate steps in accordance with law, at the earliest and without undue delay, on the question of the disqualification of Pala MLA Mani C. Kappan.
The petition was filed by Dinesh Menon.
Kappan was convicted on 1 September by the Additional Metropolitan Magistrate, Borivali, in four cheque dishonour cases under the Negotiable Instruments Act.
The sentences were one year in three of the cases and six months in the fourth, adding up to three and a half years, with compensation of Rs 1.2 crore, Rs 1.70 crore, Rs 1.70 crore and Rs 70 lakh.
The Court referred to Article 192 of the Constitution as the mechanism for a question of the disqualification of a sitting member, and to Section 8(3) of the Representation of the People Act.
The order was passed on 1 October 2026.
In plain words
Article 192 Article 192 of the Constitution of India — It lays down how a question about the disqualification of a sitting member of a State legislature is decided.
Section 8(3), RP Act Section 8(3) of the Representation of the People Act, 1951 — It disqualifies a person convicted and sentenced to imprisonment of not less than two years.
Negotiable Instruments Act Negotiable Instruments Act, 1881 — The law that governs cheques and bills of exchange, including the offence of dishonour of a cheque.