Bombay HC refuses to interfere in lower court order staying Maharashtra Minister’s conviction

Bombay High Court refuses to interfere in Nashik court's decision staying conviction of Maharashtra Agriculture Minister Manikrao Kokate.

The Bombay High Court on Tuesday (March 18, 2025) refused to interfere in a Nashik sessions court decision that has stayed the conviction of Maharashtra Agriculture Minister Manikrao Kokate in a cheating and forgery case of 1995. 

A single Bench of Justice R.N. Laddha heard the arguments and said that at this stage it was not going to interfere with the Nashik sessions court order as it would not be appropriate. The court posted the matter for further hearing on April 21 and issued notices to the respondents in the case - the Maharashtra government and Manikrao Kokate and his brother Sunil Kokate.

Anjali Rathod, daughter of former Minister late Tukaram Dighole, who originally filed complaints against Manikrao Kokate and his brother Sunil Kokate, moved the HC challenging the March 5 order of the Nashik sessions court staying the conviction. Ms. Rathod argued that, as a voter, the integrity, and background of elected representatives concerns her and that the prosecution did not appeal the trial court’s minimal sentence, which was working in Mr. Kokate’s favour, and had, as such, compromised the case. 

Another petitioner, Shivaji Shinde Patil, who lost the Sinnar Assembly seat in Nashik, alleged that his competitor Mr. Kokate had filed false affidavits before the returning officer during the election and that he provided misleading information about his criminal history. 

Representing Mr. Kokate, advocate Aniket Nikam opposed both the petitions and said they are not maintainable as the petitioner, Anjali Rathod, was not the complainant in the case, and hence has no locus standi. He also contended that the Nashik Court had rejected them.

A magistrate court had, on February 20, convicted the Nationalist Congress Party leader Mr. Kokate and his brother Sunil Kokate and sentenced them to two years of imprisonment for submitting fake documents to get flats under the government quota meant for Economically Weaker Section recipients.

The brother later approached Nashik sessions court against the conviction. The sessions court on March 5, stayed the conviction and sentence until the appeal is heard. The court noted that Mr. Kokate was elected by the people as their legislator and if he is disqualified, it would call for a re-election and that would require a lot of public money.