PAHALMAN SUBBA Vs. HONBLE SPEAKER

JUDGEMENT

(1.) The first petitioner, stated to be a social activist and a former Member of Union Parliament but not being a member of any political party, the second and third petitioners, stated to be social and political activists but not the members of any political party, have come up with this petition seeking reading down of Rules 6 and 7 of the Members of Sikkim Legislative Assembly (Disqualification on ground of Defection) Rules, 1985 (hereinafter referred to as 'the Rules of 1985'), in the light of Art. 191 (2) and the Tenth Schedule to the Constitution of India. Further a direction is sought to cancel/quash/rescind the communication being No. 516/SLAS/L &PA dated 02nd Feb. 2017 of the Additional Secretary, Rs.&PA, Sikkim Legislative Assembly Secretariat, whereby the petition made by the first and second petitioners along with three others, seeking disqualification of 5th to 11th respondents on the ground of alleged defection, was not admitted in terms of Rule 7 Clauses (1) and (2) of the Rules of 1985. The petitioners have further prayed for declaration that the 5th to 11th respondents be held as disqualified for being the member of Sikkim Legislative Assembly on the ground of defection, in addition other directions of interim nature during pendency of the petition.

(2.) The genesis of lis involved in this petition is that 32 members were elected in the General Election for Sikkim Legislative Assembly held in the month of May, 2014. Out of 32 members, 10 members including the 5th to 11th respondents won the election on Sikkim Krantikari Morcha (SKM) tickets. It is stated that on 30th Nov. 2015, the 5th to 11th respondents switched over to the ruling party Sikkim Democratic Front (SDF) and thereafter were appointed as Parliamentary Secretaries. Their appointments, as Parliamentary Secretaries, were quashed on 25th Aug. 2017 by this Court in Pahlman Subbaothers Vs. State of SikkimOthers, WP (PIL) No. 04 of 2016. After a period of 13 months, the first and second petitioners along with three other persons, namely, Mr. T.B. Rai, Mr. Sonam Pintso Bhutia and Mr. Mohan Kr. Rai, filed a petition addressed to the Speaker through the Secretary, Sikkim Legislative Assembly on 25th Jan. 2017 seeking disqualification of the 5th to 11th respondents. It is apt to state here that Mr. T.B. Rai did not sign the petition, as is manifest from the petition. It is also relevant to mention at this stage that the petition was not addressed only to the competent authority i.e. the Speaker, but a copy was endorsed to the President of India, Prime Minister of India, Chief Justice of India, Minister of Law and Justice, Chairman, Law Commission of India, Chief Election Commissioner and other three elected members of Sikkim Krantikari Morcha. In addition, a copy was given to the press and media also. The Additional Secretary, Sikkim Legislative Assembly Secretariat by the impugned communication dated 02nd Feb. 2017 informed the petitioners that the petition dated 25th Jan. 2017 could not be admitted in terms of Rule 7 Clauses (1) and (2) of the Rules of 1985. After about 10 months, the 1st and 2nd petitioners, who submitted the petition, with others before the 1st respondent, filed the instant petition on 12th Dec. 2017. It is relevant to state here that the 3rd petitioner was not the petitioner before the Speaker.

(3.) On perusal of the records, it is found that one more letter was sent by Mr. P.S. Tamang, an elected member and President, Sikkim Krantikari Morcha party to the Speaker, seeking disqualification of 5th to 11th respondents on 29th Dec. 2015,