A court in Maharashtra has said that state minister Manikrao Kokate will "suffer prejudice" if his conviction in a 1995 cheating and forgery case is not stayed, noting that his disqualification will necessitate a re-election which will require "huge public money".
Voters reposed faith in him (Kokate) and elected him as their legislator, the court in Nashik said in its order passed on March 5, adding that the accused will face "irreversible situation" in case of his disqualification.
Kokate, who belongs to the ruling Nationalist Congress Party headed by deputy Chief Minister Ajit Pawar, represents the Sinnar assembly constituency in Nashik district.
A magistrate court in Nashik district had on February 20 convicted the NCP leader and his brother Sunil Kokate and sentenced them to two years of imprisonment in the case pertaining to submitting fake documents to get flats under a government quota.
The duo had filed an appeal against the conviction before a sessions court.
In a huge relief to the Kokate brothers, district judge 1 and additional sessions Judge (Nashik) NV Jiwane on March 5 stayed the conviction until an order on their appeal.
In the order, made available on Thursday, the court noted that as Kokate is a member of the legislative assembly, his conviction and a two-year jail sentence attracts the provision of Section 8(3) of the Representation of People Act.
As per the said provision, he shall be disqualified from the date of conviction, which continues for a period of six years since his release. Therefore, to save himself from such a situation, Kokate sought a stay on his conviction until his appeal was decided, it said.
The court stressed that for staying the conviction "the nature of offence", "its seriousness and its wider social impact" need to be considered.
Citing the Supreme Court order staying Congress leader Rahul Gandhi's conviction in a defamation case, the sessions judge noted that the apex court had "taken into consideration the irreversible situation in case the conviction is not stayed".
In the case in hand, too, if the stay to the conviction was not granted, Kokate will lose his membership of the Maharashtra assembly as well his post as a cabinet minister. Even if his (main) appeal was "successful" in future, the same cannot be restored, the order said.
In his appeal, Kokate has "raised several grounds for assailing" the conviction order, it said.
"Those grounds need to be taken into account at the time of hearing the appeal. But the same will take considerable time as it is not going to be taken for hearing immediately," the court said.
The court, however, noted that the accused has prima facie raised several arguable points, which need to be considered while deciding a stay on the conviction.
It then stated that Kokate is said to be representing the public at different forums for more than 35 years.
"The electorate have shown their faith in appellant No. 1 (Manikrao Kokate) and elected him as member of the Legislative Assembly," the court said.
If the minister suffers "disqualification", then there will be re-election which will require "huge public money", it added.
"Therefore, looking to the nature of the offence allegedly committed by the appellant and irreversible situation which will be faced by him in case the conviction is not stayed and the prejudice going to be suffered by him, I am of the considered opinion that the conviction of Kokate needs to be stayed till the decision of the present appeal," the court ruled.
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