SDF COMPLAINS TO ECI AGAINST GOLAY AS CM CANDIDATE ANNOUNCEMENT

March 29, 2019

SDF wants SKM deregistered for spreading false info

Gangtok, 28 Mar:

Sikkim Democratic Front has written to the Election Commission of India seeking the deregistration of Sikkim Krantikari Morcha for violation of model code of conduct and for propagating false and misleading information. SDF’s complaint stems from SKM’s announcement of its president, PS Tamang [Golay], as the party’s chief ministerial candidate even though he stands disqualified from contesting elections for a period of six years following his conviction and imprisonment in a corruption case.

In a letter to the Chief Election Commissioner dated 26 March, the SDF general secretary, administration, Dev Gurung, accused the SKM president and other office- bearers of not only disrespecting the Constitution of India with such a claim but also “intentionally and knowingly” trying to “misrepresent, mislead and misguide” the voters of Sikkim in clear violation of the Model Code of Conduct.

The letter, which includes copies of the SKM press release in which Mr Tamang was announced as the chief ministerial candidate, his conviction order and the “convict’s history ticket” detailing the prison term he served on a corruption conviction, points out that as per law, “an unelected person cannot be appointed as Chief Minister or Minister if he or she is disqualified under the law for being chosen as a Member of Parliament or a State Legislature.”

Following his conviction and the one year imprisonment in a corruption case, Mr Tamang stands disqualified from contesting elections till August 2024, it may be recalled.

“It is evident that Shri PS Golay and the party are making every effort to defeat the very object and spirit of the Indian Constitution. It is submitted that the established point of law is that those who break the law should not make the law,” the letter argues.’

The letter details that Mr Tamang first “misrepresented” facts by claiming that he could contest the elections and then disrespected the law of the land by claiming he can be the Chief Minister in the event that his party wins the elections.

“Such a claim as made by him and his party is nothing but done with mala-fide intention with ulterior motive,” the letter states while contending that Mr Tamang and other SKM leaders were aware of the facts all along and still misled  the people.

The letter also contends that not just Mr Tamang, but even those who signed the press release in question, are guilty of making misleading claims intentionally and hence in violation of model code of conduct norms. The release was also signed by three SKM assembly election candidates.

“The Sikkim Democratic Front Party vehemently condemn such ill-motivated act of the above named persons. In the interest of the people and for ensuring fair and just election process I would like to humbly request your good self to de-register the Sikkim Krantikari Morcha party and also to take appropriate stringent action as per the law and rules laid down by the Election Commission of India,” the letter concludes.

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