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Supreme Court Partly Stays Kokate Conviction, Protects MLA Status and Bars Any Office of Profit

The bench questioned the forgery finding, issuing notice to Maharashtra for a fuller hearing on the long-running EWS housing case.

Overview

  • Chief Justice Surya Kant and Justice Joymalya Bagchi ordered that Manikrao Kokate’s conviction will not trigger disqualification as an MLA, with a clear prohibition on holding any office of profit.
  • The Supreme Court’s interim order follows the Bombay High Court’s decision to suspend his two-year sentence and grant bail while refusing to stay the conviction.
  • The Nashik sessions court on December 16 upheld the trial conviction and two-year term, after which Kokate resigned from the state cabinet and lost his portfolios.
  • During the hearing, Justice Bagchi said a false declaration does not by itself amount to forgery and noted an apparent fundamental error in the conviction, with the case to be heard further.
  • Prosecutors allege Kokate and his brother used false income affidavits to obtain flats reserved for low-income applicants under a 1989–1995 scheme with a Rs 30,000 annual income cap.