NCP minister Kokate moves High Court for stay on conviction, hearing on Friday

Nationalist Congress Party (NCP) minister Manikrao Kokate moved the Bombay High Court on Wednesday seeking a stay on a trial court order convicting and sentencing him to a two-year jail term on cheating and forgery charges.

Kokate, 67, has sought a stay on his conviction and sentence in order to continue serving as an elected representative. The Representation of the People Act, 1951, mandates disqualification for elected representatives sentenced to imprisonment for two years or more in a criminal case.

Advocate Aniket Nikam, appearing for Kokate, mentioned the plea before Justice RN Laddha seeking an urgent hearing, submitting that his conviction and sentence in the case could result in the minister’s disqualification.

The bench agreed to list Kokate's plea for an urgent hearing on December 22.

Nikam, however, further requested the bench to hear the matter on December 19 in view of the upcoming winter break.

Nikam's submissions for Friday's hearing were opposed by advocate Anukul Seth, who appeared for intervenor Sharad Shinde Patil, a social worker from Nashik, asking Kokate to surrender his bail bond.

"Instead of following due procedure, he (Kokate) has gone and admitted himself in Lilavati Hospital," Seth submitted.

Nikam stressed before the court that the arguments would hardly take ten minutes as it would be only for seeking a temporary stay on conviction and sentence.

"A very short issue is involved," the bench said while agreeing to hear Kokate's plea on December 19.

Meanwhile, Kokate is said to have met his party leader Ajit Pawar on Wednesday morning before being admitted to the Lilavati hospital.

According to Doctor Jaleel Parkar from Lilavati Hospital, Kokate is currently under observation in the Intensive Care Unit (ICU) of the Hospital for Acute coronary syndrom and accelerated hypertension. He had undergone angioplasty 11 years ago, and so he is under the care of cardiologist Dr. Suresh G Vijan, the doctor added.

The Nashik District and Sessions Court on Tuesday sentenced Kokate and his brother to two years' imprisonment and slapped a fine of 10,000 for fraudulently acquiring flats under the Chief Minister’s Housing Scheme.

Kokate, who is currently an MLA from Sinnar and has a long-standing political career, is currently a minister without portfolio.

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