New Delhi, Dec 22 (UNI) The Supreme Court on Monday stayed the conviction of senior Nationalist Congress Party (NCP) leader from the Ajit Pawar faction, Manikrao Kokate, in a 1995 cheating case, to the limited extent that it would not result in his disqualification as a Member of the Legislative Assembly (MLA).
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi passed the order while issuing notice on Kokate’s plea challenging a Bombay High Court order which had suspended his sentence but declined to stay his conviction.
While granting partial relief, the Bench clarified that the stay on conviction would not entitle Kokate to hold any office of profit.
During the hearing, Justice Bagchi observed that “false declaration does not make a document forgery,” adding that there appeared to be a “fundamental error in the conviction.”
The case pertains to allegations that Kokate and his brother Vijay fraudulently availed benefits under a government housing scheme introduced between 1989 and 1992 for economically weaker sections.
Under the scheme, eligibility was restricted to applicants with an annual income of up to Rs 30,000. It was alleged that the brothers submitted false affidavits declaring their income below the prescribed limit and were consequently allotted two government flats.
The prosecution claimed that at the relevant time, Kokate was earning substantially more than the eligibility threshold, both from his legal practice and agricultural activities.
It was alleged that his father owned about 25 acres of agricultural land and that Kokate earned significant income by supplying sugarcane from the land to local factories. Facts which, according to the prosecution, were not disclosed in the affidavits submitted for the housing scheme.
Kokate was convicted by a trial court in February this year. The conviction and a sentence of two years’ imprisonment were upheld by a Sessions Court in Nashik on December 16.
Following the sentencing, Kokate resigned from his ministerial post, which was reportedly accepted by the State Government. On December 12, a single judge of the Bombay High Court suspended the sentence but refused to stay the conviction.
Before the Supreme Court, Kokate sought a stay on his conviction, contending that he faced imminent disqualification as an MLA, which would cause him irreparable harm and constituted an exceptional circumstance warranting relief.
The High Court, however, had rejected this argument, observing that holders of constitutional office are required to discharge their duties with unwavering fidelity to public interest.
The High Court had further held that permitting convicted persons to continue in constitutional office merely because their sentence was suspended would undermine public confidence in democratic institutions and erode constitutional values.
Senior Advocates Mukul Rohatgi and Maninder Singh appeared on behalf of Manikrao Kokate in the matter.
SC stays NCP leader Manikrao Kokate’s conviction, escapes disqualification
