Election bar on Sikkim CM lifted

RAJEEV RAVIDAS, TT, 30 September 2019, Gangtok: The Election Commission has paved the way for Sikkim chief minister P.S. Tamang (Golay) to fight the October 21 byelection by reducing his disqualification period for contesting an election from six years to one year and one month.

The case against Golay -- whose party the Sikkim Krantikari Morcha (SKM) has sealed a pre-poll tie-up with the BJP for the bypolls -- goes back to his tenure as minister for animal husbandry in 1996. He was held guilty under the Prevention of Corruption Act of misappropriating Rs 9.50 lakh in the purchase of milch cows for distribution and was sentenced to a year.

In his representation to remove the disqualification, Golay had drawn the poll panel's attention to the fact that an FIR was drawn up against him in 2003 and his conviction, by a trial court, came only in 2016. Both the high court and the Supreme Court upheld the conviction in 2017.

"The applicant has submitted that when the alleged offence was committed under the Prevention of Corruption Act, 1988, it did not amount to a disqualification under Section 8 and therefore the applicant should not be made to suffer only because of the delay in completion of his trial," the ECI note said.

"Thus, the Commission, in exercise of the powers vested upon it under Section 11 of the RP Act, 1951 hereby reduces the disqualification attracted on the Applicant (read Golay) by virtue of Section 8 of the RP Act, 1951 to 1 year and 1 month," said the order signed by the chief election commissioner of India Sunil Arora and his two deputies Ashok Lavasa and Sushil Chandra. Golay had served a year's term in the corruption case and was released on August 10 last year. He had not contested the Assembly election in the summer this year but took oath as chief minister on May 27 following his party's narrow victory over the Sikkim Democratic Front (SDF). In order to continue in office beyond six months, he must get elected to the Assembly by then.

"How could the ECI pass such an order, especially since a petition challenging the very appointment of Golay as chief minister is pending before the Supreme Court, which in 2001 PS Tamang (Golay) had ruled that appointment of a person to the office of chief minister who is not qualified to hold it should be struck down at the earliest. Look at the timing of the EC order as well. It has come a day after the SKM sealed an alliance with the BJP," said an Opposition leader.

Sources in the SKM said Golay, also the president of the party, is certain to contest from the Poklok-Kamrang constituency in the byelection.

"The Opposition used to repeatedly proclaim that our president cannot contest an election for six years. Such false propaganda could have easily demoralised our party supporters, but they remained steadfast in their belief. The relief given by the ECI vindicates their faith," said Jacob Khaling, SKM spokesperson and political secretary to Golay.