SIKKIM GORKHA JAGARAN SANGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In this Public Interest Litigation the Petitioners inter alia seek the following reliefs;

(2.) Respondent 3 filed objection to the Petition, wherein it is averred that in view of the reliefs sought, the Writ Petition is not maintainable for the reason that prayers (b), (f), (e), (i) and (j) as reflected hereinabove, were considered by a Constitution Bench of the Hon"ble Supreme Court in R. C. Poudyal vs. Union of India and Others 1994 Supp (1) SCC 324. That, prayer (c) invoking Article 371F(g) besides being vague is a matter in the discretion of His Excellency the Governor. That, prayer (d) is contrary to the provisions of Article 342 of the Constitution of India which provides that any exclusion or inclusion in the Presidential Order can be only by way of Legislation by the Union Parliament. The prayer to exclude the creamy layer of Bhutias and others included in the Constitution (Sikkim) Scheduled Tribes Order, 1978, is not applicable to Scheduled Castes/Scheduled Tribes as laid down in Indra Sawhney and Others vs.Union of India and Others 1992 Supp (3) SCC 217 and also Ashoka Kumar Thakur vs.Union of India and Others (2008) 6 SCC 1. That, prayer (g) is a subject-matter falling within the exclusive legislative competence of the Parliament. Prayers (a), (k), (l) and (m) are in general terms and if the other reliefs are not maintainable, as submitted, these prayers may also be dealt with accordingly. That, in prayer (h), the Supreme Court has issued directions in the case of Harry Ram Pradha (sic) and Others vs. State of Sikkim and Others 'Writ Petition (Civil) No.90 of 2006 decided on 4/1/2016' which is being pursued by the State Government, hence the Petition be dismissed.

(3.) Respondent Nos.1 and 2 in their joint preliminary objection while seeking deletion of the name of Respondent No.1 from the array of Respondents as no reliefs were claimed from the said official, akin to Respondent No.3 averred that prayers (g) and (h) herein have been dealt with by the Hon"ble Supreme Court in Harry Ram Pradha (supra) and is under consideration of the Respondent No.2 Ministry.