(1.) W.P. (PIL) No. 04 of 2016 (hereinafter referred to as "the first petition") is filed by public spirited persons, in the nature of Public Interest Litigation, questioning the legality and constitutionality of the Sikkim State Legislators' Appointment to Different Authorities Act, 2006 (hereinafter referred to as "the Act of 2006"), Sikkim Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2010 (hereinafter referred to as "the impugned Act") and further extension of status of Cabinet Minister and the Minister of State with facilities and privileges to the Chief Whip. Subsequently, the provision of Section 3A(bb) of the Sikkim Legislative Assembly Members (Removal of Disqualifications) Amendment Act, 2006, by way of amendment of the petition, was also challenged. The petitioners have further prayed for quashment of consequential notifications and also a declaration disqualifying the sixth to nineteenth respondents from being members of the Sikkim Legislative Assembly, on the ground of holding office of profit.
(2.) W.P. (C) No. 63 of 2016 (hereinafter referred to as "the second petition") was filed by Sikkim Krantikari Morcha, a political outfit, seeking reliefs on similar terms, questioning the validity of various statutory provisions, as stated hereinabove, during the currency of the first petition.
(3.) Both the writ petitions involve a common question of law, and as such are being considered jointly and disposed of by this common order.