Govt, EC reply sought on plea against relief

NEW DELHI: The Delhi high court Tuesday asked the Centre and the Election Commission to respond to a plea challenging the poll panel’s decision to reduce the sixyear disqualification period of Sikkim chief minister Prem Singh Tamang, sentenced in a graft case, to 13 months.

A bench of Chief Justice D N Patel and Justice C Hari Shankar also issued notices to the state government and Tamang seeking their replies on the plea challenging a provision of the Representation of People Act which gives power to EC to remove or reduce the disqualification period.

The court has posted the matter for December 24. Tamang, whose Sikkim Krantikari Morcha party won the state polls in April, took over as chief minister on May 27. However, he could not contest the elections due to his disqualification.

He is required to contest

Assembly elections within six months of becoming the CM to continue to hold the office.

He was convicted and sentenced to one year imprisonment for offences under the Prevention of Corruption Act on December 26, 2016. He completed the one year sentence on August 10, 2018.

The petition filed by Dek Bahadur Katwal, General Secretary of Sikkim Democratic Front, said Section 11 of the RP Act, 1951 is unconstitutional as it provides uncanalised / uncontrolled / arbitrary power to the EC to remove or reduce the disqualification period. He also challenged the EC’S September 29 order by which Tamang’s six years period of disqualification was reduced by 4 years and 11 months. Katwal said the EC’S order is wholly erroneous, based on perverse reasoning and is bad in law.

The plea filed by Sudershan Goel, Siddharth Sharma and Shruti Arora said Section 11 of the RP Act is against the object and purpose of the Act.