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Judgment
Bhaskar Raj Pradhan, J
Heard Mr. Yam Kumar Subba, learned counsel for the petitioner. Also heard Mr. Yadev Sharma, learned Government Advocate for respondent nos. 2 to 7 who appears on advance notice.
By Order dated 17.04.2023 the learned Civil Judge, Soreng District proceeded to frame four issues in the election petition filed by the petitioner and referred issue no. 1 as to whether the respondent no.1 was disqualified from being Member of the Panchayat to the Director Panchayat as ‘Prescribed Authority’. Thereafter, vide Order dated 03.07.2023 the learned Civil Judge has listed the case for judgment on 17.07.2023.
On hearing the arguments made by the learned counsel for the petitioner it seems that the election petition was filed following Rule 88 of the Sikkim Panchayat (Conduct of Election) Rules, 1997 under which the learned Civil Judge is the authority before whom an election petition calling in question any election may be presented, on one or more of the grounds specified in sub-section 1 of section 119 of the Sikkim Panchayat Act, 1993 (the Act).
Section 2(j) of the Sikkim Panchayat Act, 1993 defines the ‘Prescribed Authority’ to mean an authority appointed by the State Government by notification, for all or any of the purpose of the Sikkim Panchayat Act, 1993.
Section 119 of the Sikkim Panchayat Act, 1993 provides that the election of a person as a member of the Gram Panchayat or Zilla Panchayat shall not be called in question except by an application presented to such authority.
By a Notification dated 24.05.2005 it seems that the Rural Management & Development Department (RMDD) in exercise of the powers filed under section 2 of sub-section (1)(j) of the Sikkim Panchayat Act, 1993 appointed the Director Panchayat in the RMDD as the Prescribed Authority.
The writ petition needs deeper examination.
Issue notice in writ petition as well as in I.A. No. 01 of 2023 upon the respondents subject to filing of requisites within three days. Mr. Yadev Sharma, learned Government Advocate accepts notice and waives formal notice thereof. Counter-affidavits to be filed within four weeks and two weeks thereafter, to the petitioner, to file rejoinder, if any.
In the meanwhile, the proceeding before the learned Civil Judge shall remain stayed until further orders.
List on 20.09.2023.