HC asks govt, EC to reply in the Sikkim CM's disqualification case

Delhi High Court on Tuesday asked Centre and EC to respond to a plea challenging poll panel's decision to reduce 6-year disqualification period of Sikkim Chief Minister Prem Singh Tamang, convicted and sentenced in a graft case, to just 13 months.

Court has posted matter for December 24

A bench of Chief Justice D N Patel and Justice C Hari Shankar also issued a tice to state government and Tamang seeking ir replies on plea challenging a provision of Representation of People Act which gives power to Election Commission (EC) to remove or reduce disqualification period. court has posted matter for December 24.

Tamang, whose Sikkim Krantikari Morcha party won state Assembly elections in April, took over as chief minister on May 27. However, he could t contest elections due to his disqualification. He is required to contest Assembly elections within six months of becoming Chief Minister to continue to hold office. He was convicted and sentenced to one-year imprisonment for offences under Prevention of Corruption Act on December 26, 2016. He completed one year sentence on August 10, 2018.

petition filed by Dek Bahur Katwal, General Secretary of Sikkim Democratic Front, said Section 11 of RP Act, 1951 is unconstitutional as it provides uncanalised /uncontrolled/arbitrary power to EC to remove or reduce disqualification period. He also challenged EC's September 29 order, passed a day before last date of filing mination, by which Tamang's six years period of disqualification was reduced by 4 years and 11 months. Katwal said EC's order is wholly erroneous, based on perverse reasoning and is b in law.

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petition filed by Sudershan Goel, Siddharth Sharma and Shruti Arora said that Section 11 of RP Act is against object and purpose of Act, as it was enacted to disqualify convicted persons, for six years, from contesting elections in India.

" object of said Act is to ensure criminal elements are kept away from democratic process in India, and for larger interest of public," it said.

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plea said power enumerated under section is quasi-judicial and must be exercised in rarest of rarest case, as "it takes away from deterrent value of statute when need is to ensure that elections are free from candidates with criminal antecedents. In present case, EC's order has immediate effect of condoning 6 years' disqualification under section 8 to merely 1 year and 1 month".

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"While this may seem to be an incuous condonation; fact that condonation was granted just before fresh State elections were to be held, demonstrates arbitrariness. only inference from period condoned, that is, 4 years 11 months, seems to be for specific purposes of allowing candidate to contest State elections," it said.

petition claimed that reasons given in EC's order are perverse and frivolous and intention was to "facilitate/ensure that respondent . 4 (Tamang) remains as Chief Minister of Sikkim". corruption case pertained to Tamang's tenure as State Animal Husbandry Minister, when he was accused of misappropriating funds of Rs 9.5 lakh in procurement of cows in 1996-97. 

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