Lawstreet Journal

Convicted Person Becomes CM of Sikkim; Delhi High Court To Hear Disqualification Matter On Oct 14

Lawstreet Journal 23 Apr 2022 12:58am

Image courtesy: Lawstreet Journal Judiciary Convicted Person Becomes CM of Sikkim; Delhi High Court To Hear Disqualification Matter On Oct 14

The Delhi High Court today, while hearing the matter regarding disqualification of Sikkim CM Prem Singh Taman was informed that a similar petition has been filed in the Hon’ble Supreme Court. The Delhi High Court therefore said that they will consider the matter after Supreme Court’s decision. The next date of hearing has been fixed to Oct 14, 2022. 

Dek Bahadur Katwal (General Secretary of Sikkim Democratic Front) by way of a certiorari writ petition challenged the constitutional vires of Section 11 of the Representation of People’s Act, 1951, (“RP Act”) for being violative of Part III of the Constitution of India, stating that Section 11 of the RP Act is unconstitutional as it provides uncanalised/ uncontrolled/ arbitrary power to the Election Commission of India to remove or reduce the disqualification period under Chapter III of the RP Act. 

The petitioner claims that Sikkim’s CM Prem Singh Tamang disqualification under Section 8 (1)(m) of the RP Act has been reduced from 6 years to 1 year and 1 month in arbitrary exercise of power without following due process and on the basis of perverse findings and reasons. 

It is pertinent to mention that Sikkim CM Prem Singh Tamang was convicted for offences under the Prevention of Corruption Act, 1988 and was sentenced imprisonment of more than 1 year.

After a detailed criminal trial, Sikkim CM Prem Singh Tamang was held guilty and was convicted for offences under section 403, 406 read with 120B of IPC, 1860 and 13(2) and… Continue Reading...

Tagged: Prem Singh Tamang  
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