The Supreme Court has stayed the conviction of former Maharashtra minister Manikrao Kokate in a 1995 fraud case, ensuring he faces no disqualification as an MLA. The court, however, bars him from holding any office of profit.
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NEW DELHI: The Supreme Court on Monday granted relief to ex-Maharashtra minister Manikrao Kokate by staying his conviction in a decades-old cheating and forgery case. The top court also stayed his disqualification from the Maharashtra Legislative Assembly, allowing him to continue as an MLA for now.
A vacation bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi issued notice to the Maharashtra government while hearing Kokate’s plea challenging the refusal to stay his conviction by the Bombay High Court.
Supreme Court Order
Passing an interim order, the bench observed:
“Issue notice. In the meanwhile, conviction of petitioner shall remain stayed to the extent that there shall be no disqualification as a member of legislative assembly. However, he shall not hold any office of profit.”
The order means that while Kokate will not face immediate disqualification under election laws, he cannot hold any ministerial or government post until further orders.
Background of the Case
The case dates back to 1995, when Manikrao Kokate and his brother Vijay Kokate were accused of fraudulently availing benefits under a housing scheme meant for the Economically Weaker Section (EWS). According to the prosecution, the brothers dishonestly induced the Maharashtra government to allot them flats by misusing a 10 per cent reservation quota meant for the underprivileged.
They were charged under sections related to cheating, forgery, and criminal conspiracy.
In February this year, a magistrate’s court convicted Manikrao Kokate and sentenced him to two years’ imprisonment. The conviction and sentence were subsequently upheld by a Nashik sessions court last Tuesday, which ruled that the accused had indeed misrepresented facts to obtain housing benefits.
Following the sessions court verdict, Kokate approached the Bombay High Court, seeking a stay on his conviction. However, the High Court refused to grant relief, prompting him to move to the Supreme Court.
The conviction had immediate political consequences. Last Thursday, Manikrao Kokate resigned from the Maharashtra Cabinet after the Nashik court reaffirmed his guilt. He submitted his resignation to the Nationalist Congress Party (NCP) chief Ajit Pawar.
Maharashtra Chief Minister Devendra Fadnavis accepted Kokate’s resignation and forwarded it to Governor Acharya Devvrat for formal approval.
Despite the Supreme Court’s stay on his conviction, Kokate will remain barred from holding any office of profit, meaning he cannot be reinstated as a minister at this stage.
