In a significant legal and political development, a sessions court in Nashik on Tuesday confirmed the conviction and two-year rigorous imprisonment sentence of Maharashtra's Sports Minister and NCP leader, Manikrao Kokate, and his brother Vijay. The case pertains to fraudulently securing flats in 1995 under a quota for the Economically Weaker Sections (EWS).
Court Upholds Core Conviction, Modifies Some Charges
The court of District and Sessions Judge P M Badar upheld the trial court's February 20 judgment, confirming the brothers' sentences for offences including cheating and forgery. The court found them guilty under sections 420 (cheating), 465 (forgery), 468 (forgery for purpose of cheating), and 471 (using forged documents) of the Indian Penal Code.
However, the sessions court partly modified the earlier order. It set aside the conviction on two charges: sections 467 (forgery of valuable instrument) and 474 (possession of forged documents). Furthermore, it overturned the trial court's directive to the Maharashtra Housing and Area Development Authority (MHADA) and the Deputy Collector (ULC) to cancel the allotment of the flats and restore possession.
Immediate Threat to Kokate's Political Career
This judgment casts a dark shadow over Kokate's continuation as both a minister and an MLA representing the Sinnar assembly constituency in rural Nashik. Under the Representation of the People Act, an MLA faces immediate disqualification if convicted and sentenced to two years or more in prison, unless a higher court grants a stay on the conviction, not just the sentence.
Public Prosecutor Sudhir Kotwal, representing the state, emphasized this point, stating that disqualification is certain unless the High Court intervenes. "While this process may take eight to 10 days if his lawyers go for an urgent circulation of the matter, there is no bar on his disqualification in the intervening period," Kotwal told TOI.
Contrastingly, Kokate's lawyer, Avinash Bhide, argued that immediate disqualification is unlikely as they have time to secure a stay from the High Court. The Supreme Court has previously clarified that disqualification is immediate upon conviction, though an appeal must be filed within three months.
The 1995 EWS Quota Fraud: Details of the Case
The prosecution's case centered on the brothers' applications for flats under the state's 10% EWS quota in 1989-90. They declared an annual income of Rs 25,000 each, just below the scheme's eligibility limit of Rs 30,000.
Prosecutor Kotwal presented a new angle to the sessions court, revealing that the government allotted the flats in 1995 based solely on these income affidavits without verifying documents. The prosecution argued that the onus to prove the affidavit was not false lay with the Kokates after the fraud was detected.
Crucially, evidence showed that the Kokate brothers supplied substantial quantities of sugarcane—70, 80, and 120 tonnes in 1993, 1994, and 1995 respectively—to a sugar cooperative in Kopargaon, earning significant income. They failed to disclose this improved financial status to the authorities at the time of the flat allotment in 1995. The court considered this argument while confirming the conviction.
Next Legal Steps and Political Fallout
With the sessions court confirming the sentence, the protective stay Kokate had secured on March 5 is now void. The legal battle now moves to the Bombay High Court. Kokate's lawyer stated they would file an appeal, deciding between a second appeal or a revision plea.
Neither Kokate nor his brother was present in court when the operative part of the order was read. The full text of the judgment is awaited. Meanwhile, Maharashtra State Assembly Speaker Rahul Narwekar said he had not yet received the court order.
This case highlights the stringent legal consequences for public representatives convicted of corruption. Kokate's immediate political future now hinges entirely on the High Court's decision to grant a stay on his conviction.
