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HC refuses to interfere in lower court order staying minister Kokate's conviction

Mumbai, Mar 18 (PTI) The Bombay High Court on Tuesday refused to interfere in a Nashik sessions court's decision staying the conviction of Maharashtra Agriculture Minister Manikrao Kokate in a cheating and forgery case of 1995.

    Anjali Rathod, daughter of former minister late Tukaram Dighole who originally filed complaints against Manikrao Kokate and his brother Sunil Kokate, had moved the HC challenging the March 5 order of the Nashik sessions court staying the conviction.

    The plea came up for hearing on Tuesday before a single bench of Justice R N Laddha.

    Kokate's advocate Aniket Nikam said the petition was not maintainable as the petitioner --Anjali Rathod -- was not the complainant in the case, and hence has no locus standi.

    The high court said that at this stage it was not going to interfere with the sessions court order, and posted the matter for hearing on April 21 after issuing notices to the respondents -- state government and the Kokate brothers.

    A magistrate court in Nashik district 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 before the sessions court against the conviction.

    The sessions court suspended the sentence and on March 5 also stayed the conviction, noting that if the same was not stayed then Kokate would "suffer prejudice" as he would then face an "irreversible situation" in the event of his disqualification.

    Voters reposed faith in him (Kokate) and elected him as their legislator and his disqualification would necessitate a re-election which would require "huge public money", the court had said in its order.

    Kokate, who belongs to the ruling Nationalist Congress Party (NCP) headed by Deputy Chief Minister Ajit Pawar, represents the Sinnar assembly constituency in Nashik district.

(This story has not been edited by THE WEEK and is auto-generated from PTI)