The Supreme Court has dismissed two petitions challenging the appointment of Prem Singh Tamang as the Chief Minister of Sikkim and the Election Commission’s decision to reduce his disqualification period from six years to one year. The dismissal followed the petitioners’ requests to withdraw their cases.
A bench comprising Justices Surya Kant and Ujjal Bhuyan presided over the matter, noting that the petitioners, Bimal Dawari Sharma and JB Darnal, both members of the Sikkim Democratic Front (SDF), denied authorizing the filing of petitions on their behalf. The Court acknowledged suggestions that the petitioners might have faced pressure to withdraw but clarified that it could not compel them to continue the case.
The petitions in question included one filed by Sharma, the SDF’s General Secretary, another by JB Darnal, the party’s Vice President, and a third by Lok Prahari, a registered society. While the petitions by Sharma and Darnal were dismissed, the one filed by Lok Prahari remains active and will be addressed separately.
The Court highlighted discrepancies in Sharma’s petition, which was purportedly pursued without his explicit authorization. In an affidavit, Sharma stated that he had not consented to the petition. Furthermore, the Court questioned the validity of substituting Darnal in place of Sharma, pointing out the absence of any formal resolution authorizing such a move. Justice Surya Kant noted that such authorization would typically require clear documentation, especially if it involved a party decision.
Senior Advocate Dr. GV Rao, representing the SDF, argued that the petitions were filed by party functionaries on the party’s behalf. However, the Court found no evidence of official party approval for Darnal’s substitution. The bench advised that if the SDF wished to pursue the matter, it could approach the Court through proper legal channels.
Concluding the hearing, the Court deemed the petitions “infructuous” and reiterated that no party could be forced to sustain a legal challenge. It also left the door open for future petitions by the SDF or any other public-spirited individual, ensuring that such cases would be duly considered.
The Lok Prahari petition, however, remains pending and is expected to be addressed in due course.
