NCP Minister Manikrao Kokate Appeals Against Fraud Conviction in Bombay High Court
Legal Challenge by NCP Minister
Manikrao Kokate, a minister from the Nationalist Congress Party (NCP), has filed a petition in the Bombay High Court seeking to suspend the lower court's ruling that found him guilty of fraud and forgery, resulting in a two-year prison sentence. The 67-year-old Kokate is requesting a stay on his conviction and sentence to continue serving as an elected representative. According to the Representation of the People Act, 1951, elected officials sentenced to two years or more in prison are disqualified from holding office.
Kokate's attorney, Aniket Nikam, urged for an expedited hearing before Justice R.N. Ladda, emphasizing that the conviction and sentence could lead to his disqualification from the ministerial position.
Request for Hearing Date
Nikam requested the court to schedule the hearing for December 19, considering the upcoming winter recess. However, this request faced opposition from Anukool Seth, representing social activist Sharad Shinde Patil from Nashik, who argued that Kokate should surrender his bail bond. Seth claimed that instead of following the proper procedures, Kokate had admitted himself to Lilavati Hospital.
Nikam countered in court, asserting that the discussion would take only about ten minutes, as it was solely about seeking a temporary stay on the conviction and sentence.
Background of the Case
The case dates back to between 1989 and 1992 when the state government initiated a housing scheme for the needy, defining eligibility as those with an annual income not exceeding ₹30,000. Kokate and his brother Vijay submitted false affidavits regarding their income to obtain flats under this scheme. In 1994, they were allocated flats in Nashik, falsely claiming eligibility for Economically Weaker Section (EWS) housing.
The sessions court upheld Kokate's sentence based on the evidence presented, which included numerous documents related to the fraud. He was convicted under various sections of the Indian Penal Code, including 420 (cheating), 465 (forgery), 468 (forgery for the purpose of cheating), and 471 (using forged documents). The lower court denied relief to Kokate after reviewing the case records.