High CourtsDivision Bench(2022) 11 SIK CK 0051

Charles L. Lucksom And Another vs State Of Sikkim And Others

Sikkim High Court · Decided on 21 November 2022

HON’BLE JUDGES
Meenakshi Madan Rai, J · Bhaskar Raj Pradhan, J
CASE NUMBER
Writ Petition (PIL) No. 01 Of 2020

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Judgment

8 paragraphs · 249 words

Meenakshi Madan Rai, J

An Affidavit dated 09-11-2022 has been filed on behalf of the State-Respondent No.2, Secretary, Law and Parliamentary Affairs Department, Government of Sikkim, with regard to the status of the proposed amendments in the Sikkim Lokayukta Act, 2014. In Paragraphs 4 and 5, it is detailed as under;

“4. In this regard, the answering Respondent would like to bring to the notice of this Hon’ble Court that Sections 5(2), 7(a), 9(1), 9(2), 9(3), 13(4), 22(1), 32(A), 32(B), 45 were proposed to be amended in Sikkim Lokayukta Act, 2014. However, the Government of Sikkim approved- (i) amendment to Sections 5(2), 9(1), 9(2) and 32(A) of Sikkim Lokayukta Act, 2014 on 26.03.2022; and (ii) insertion of Section 32(B) of Sikkim Lokayukta Act, 2014 on 23.06.2022.

5.

It is pertinent to point out here that the aforementioned amendments to Section 5(2), 9(1), 9(2) and insertion of Section 32(A) and 32(B) are yet to be placed before the Cabinet for consideration of the Council of Ministers.”

Learned Government Advocate for the State-Respondent Nos.1 to 3 submits that the matter will be taken up in the Winter Session of the Sikkim Legislative Assembly, hence, time may be granted and the matter posted after the vacation.

Not opposed.

It is pertinent to reiterate here that the challenge as pointed out by Learned Senior Counsel for the Petitioners remains only to Sections 9 and 45 of the amendments to the Sikkim Lokayukta Act, 2014.

List on 13-02-2023 as found convenient by the parties.