PADAM PRASAD SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) STATING that he is a citizen of India and a resident of Nandu Gaon, Harrboty, Poklok, Kamrang, South Sikkim and an educated farmer?, the Petitioner has filed this writ petition for a direction to the Union of Indian in the Ministry of Home Affairs (MHA?) to decide a complaint made by him on 9th June 2008 against Respondent No. 3, Shri Pawan Kumar Chamling, who is at present the Chief Minister of Sikkim.

(2.) ALTHOUGH a further prayer is for a declaration that Respondent No. 3 "has ceased to be a citizen of India and disqualified to hold any constitutional post", Ms. Pinky Anand, learned Senior counsel appearing for the Petitioner, at the outset stated that the Petitioner does not press that prayer. He confines his prayer to a direction to the MHA to decide his complaint dated 9th June 2008.

(3.) THE Petitioner states that in the first week of February 2008, the Petitioner was informed by a Senior Advocate in Sikkim that Respondent No. 3 held citizenship of Nepal. The said Senior Advocate informed the Petitioner that the certificate of Nepali citizenship and related documents were handed over to Respondent No. 3 by the Superintendent of Nepal Police. The Petitioner states that one Shri Fauda Singh Paudyal R/o Tashiding, West Sikkim handed over to him a photocopy of a certificate of Nepali citizenship acquired by Respondent No. 3 which was duly attested by the Competent Authority of the Government of Nepal. The said photocopy has been enclosed as Annexure P-1 to this writ petition. The said certificate is in Nepali and an English translation thereof has been placed on record by the Petitioner.