SC serves notice to CM on SDF petitions challenging his appointment

July 13, 2019

Gangtok, 12 Jul:

The Supreme Court of India today issued a notice to Chief Minister, PS Tamang [Golay], on the writ petitions filed by two Sikkim Democratic Front workers challenging his appointment as Chief Minister of Sikkim. The Apex court has also listed the case for hearing on admission on 30 July.

It may be recalled that BimalDawari, former ZillaAdhakshya and general secretary of Sikkim Democratic Front, and Prakash Kumar Rai of Rabikkola, TangiBikmat, South Sikkim, had filed their petitions on 17 June and these were registered on 21 and 25 June respectively.

In the writ petitions, both have alleged that the appointment of Mr Tamang as Chief Minister is “nothing less than a fraud” played on the Constitution and democratic values/ethos of the country and have prayed that this be set right forthwith.

Both the petitioners have prayed that the apex court issue writ of quo warrantors or such other writ or directions as may be appropriate setting aside the appointment of Mr Tamang as Chief Minister of Sikkim declaring his appointment as illegal and unconstitutional.

The petitioners have also posed three pertinent questions for adjudication while seeking relief in the writ petitions.

They have asked if appointment of a non-elected person disqualified under Article 191 (1) (e) of the Constitution read with Section 8 (1) (m) and Section 7 (b) of the RP Act, as Chief Minister by the Governor is tantamount to violation of Article 14, 19(1) (a) and 21 of the Constitution.

Whether a non-elected person disqualified for being chosen or being a member a State Assembly by operation of Article 191 (1) (e) of the Constitution read with Section 8 (1) (m) and Section 7 (b) of the RP Act can be appointed as Chief Minister under Article 164 (1) of the Constitution.

Whether a non-elected disqualified person holding office of the Chief Minister can be permitted to remain in office and exercise all  constitutional powers in teeth of Articles 164 (4), 173 (c), and 191 (1) (e) of the Constitution read with Section 8 (1) (m) of the Representation of People’s Act.

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