SDF complaint against Golay

RAJEEV RAVIDAS, TT, 29 Mar 2019, Gangtok: The Sikkim Democratic Front has lodged a complaint with the Election Commission of India against the Sikkim Krantikari Morcha and its president P. S. Golay for allegedly misleading voters by projecting him as the party's chief ministerial candidate despite knowing he would not be able to contest the election following his conviction in a corruption case.

In its complaint lodged by Dev Gurung, the SDF general secretary (administration), the party said by making such false claims, the SKM and Golay had disrespected the law of the land and also violated the model code of conduct.

"(Golay) and others have not only shown their falsity and disrespect to the Constitution of India but have also intentionally and knowingly tried to misrepresent, mislead and misguide the voters of Sikkim," said the letter addressed to the chief election commissioner.

Golay, who was released from prison on August 10 last year after serving a year's term in a corruption case, is not contesting the April 11 Assembly and Lok Sabha elections in the state. However, his party insists he remains its chief ministerial candidate by citing a constitutional provi- sion which allows a person to become a chief minister or a minister even if he or she is not a member of the Assembly, but he or she will have to get elected to the Assembly within six months of assuming office.

Even though Golay claims otherwise, it is generally understood that he did not contest the election because according to the Representation of Peoples Act 1951, a person cannot contest an election for six years from the date of his release.

And even assuming that in the event of the SKM coming to power and Golay taking oath as chief minister, he will not be able to get himself elected to the Assembly within six months.

The SDF said despite being fully aware of all the facts, by projecting Golay as the party's chief ministerial candidate, the SKM was making every effort to defeat the very object and spirit of the constitution.

"The Sikkim Democratic Party vehemently condemns such ill-motivated act...In the interest of the people and for ensuring fair and just election process I would like to humbly request your good self to deregister the Sikkim Krantikari Morcha party and also to take appropriate stringent action as per law and rule laid down by the Election Commission of India," said Gurung.