In a significant legal development, the Supreme Court of India on Monday provided partial relief to Nationalist Congress Party (NCP) legislator Manikrao Kokate. The court stayed his conviction in a cheating and fraud case, but specifically limited this relief to prevent his disqualification from the Maharashtra legislative assembly.
Court's Order and Legal Proceedings
The order was passed by a vacation bench of the Supreme Court, comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi. The bench formally issued a notice to the Maharashtra government in response to Kokate's plea, which challenges both his conviction and the sentence handed down by a trial court in February of this year.
As quoted by news agency ANI, the bench stated, "Issue notice. Meanwhile, the conviction of the petitioner shall remain stayed only to the extent that it does not result in his disqualification as an MLA." This nuanced order means Kokate can retain his assembly membership while the legal challenge is pending, but the conviction itself is not fully overturned.
Background of the Fraud Case
Kokate approached the apex court after the Bombay High Court had earlier suspended his two-year jail sentence but declined to stay the conviction. The High Court appeal was itself a response to a Nashik sessions court order that upheld the trial court's February judgment.
The case has a long history, dating back to 1995. The trial court found Kokate and his brother, Vijay, guilty of misusing a government housing scheme designed for the economically weaker sections. The scheme was operational between 1989 and 1992 and was strictly for individuals with an annual income not exceeding Rs 30,000.
The prosecution successfully argued that the Kokate brothers submitted false affidavits to underreport their income, thereby fraudulently securing the allotment of two government flats meant for the poor.
Political Repercussions and Fallout
The legal conviction had immediate political consequences. Following the sessions court's order upholding the conviction, Kokate was relieved of all his ministerial portfolios in the Maharashtra government. He held the charge of sports and youth welfare, as well as minority development and auqaf.
These portfolios were subsequently reassigned to Maharashtra deputy chief minister and NCP chief Ajit Pawar. The Supreme Court's interim order, while safeguarding his legislative seat, does not immediately restore his ministerial positions.
The Supreme Court's decision highlights the delicate balance between legal accountability and political representation, ensuring the MLA's constituency continues to have a voice in the assembly while the judicial process runs its full course.
