LAWS(SIK)-2023-7-1

TULSI DAS SUBBA Vs. MAN BIR SUBBA

Decided On July 17, 2023
Tulsi Das Subba Appellant
V/S
Man Bir Subba Respondents

JUDGEMENT

(1.) Heard Mr. Yam Kumar Subba, learned counsel for the petitioner. Also heard Mr. Yadev Sharma, learned Government Advocate for respondent nos. 2 to 7 who appears on advance notice.

(2.) By Order dtd. 17/4/2023 the learned Civil Judge, Soreng District proceeded to frame four issues in the election petition filed by the petitioner and referred issue no. 1 as to whether the respondent no.1 was disqualified from being Member of the Panchayat to the Director Panchayat as 'Prescribed Authority'. Thereafter, vide Order dtd. 3/7/2023 the learned Civil Judge has listed the case for judgment on 17/7/2023.

(3.) On hearing the arguments made by the learned counsel for the petitioner it seems that the election petition was filed following Rule 88 of the Sikkim Panchayat (Conduct of Election) Rules, 1997 under which the learned Civil Judge is the authority before whom an election petition calling in question any election may be presented, on one or more of the grounds specified in sub-sec. 1 of Sec. 119 of the Sikkim Panchayat Act, 1993 (the Act).