SC stays conviction of ex-Maharashtra minister Manikrao Kokate in cheating case

New Delhi, Dec 22 (PTI) The Supreme Court on Monday stayed the conviction of former Maharashtra minister Manikrao Kokate in a cheating and forgery case and clarified that he shall not face any disqualification as an MLA.
     The case, concerning a housing scheme for EWS with an annual income limit of Rs 30,000 dates back to 1989-1992.
     A vacation bench of Chief Justice Surya Kant and Justice Joymalya Bagchi issued notice to the Maharashtra government on Kokate's plea.
     "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 bench said.
     Kokate is an MLA from the Sinnar constituency in Nashik district. His conviction and a two-year sentence by a magistrate in February this year were upheld by the Nashik sessions court on December 16, holding that he and his brother dishonestly induced the state government to allot them flats.
     The Bombay High Court on December 19 suspended Kokate's two-year jail term in the cheating and forgery case. It granted him bail but refused to stay his conviction.
     The high court said in the order that it cannot stay the conviction as there was prima facie evidence pointing to the NCP leader's involvement in the case in which he was accused of securing a flat in a government scheme meant for the Economically Weaker Section (EWS) by submitting false affidavits.
     The high court noted that the jail term handed to him by the magistrate's court was only two years and he had been on bail throughout the trial and hearing of his appeal before the session's court, hence it was inclined to grant him bail.
     In his appeal before the high court, Kokate termed his conviction arbitrary and illegal.
     As the opposition clamoured for his ouster, Kokate was divested of his portfolios on December 17.
     On December 18, he resigned from the Maharashtra cabinet. A team of Nashik police reached Bandra late the same night to execute the arrest warrant against him.
     The Nashik sessions court has noted that Kokate dishonestly "induced the state" to allot him a flat by submitting false income affidavits.
     Citing bank loans for grapes and rabi crops, as well as records from the Kopargaon Sahakari Sakhar Karkhana (sugar factory), the judge said Kokate was a prosperous farmer whose income far exceeded the eligibility threshold and he did not fall in the EWS category.

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