The Supreme Court has dismissed two petitions challenging the appointment of Sikkim Chief Minister Prem Singh Tamang and the Election Commission’s decision to reduce his disqualification period from six years to one. A bench of Justices Surya Kant and Ujjal Bhuyan disposed of the petitions following withdrawal applications filed by Bimal Dawari Sharma and JB Darnal, functionaries of the Sikkim Democratic Front (SDF).
Bimal Dawari Sharma, General Secretary of the SDF, and JB Darnal, Vice President of the party, claimed they never authorized anyone to file the petitions on their behalf. The Court acknowledged allegations that the petitioners might have faced external pressure to withdraw but emphasized that no one could be compelled to pursue a case.
The Court noted that Sharma’s petition was filed in his personal capacity and found no evidence of party authorization for Darnal’s substitution. Justice Surya Kant remarked that if such authorization existed, it should have been substantiated with a party resolution.
Senior Advocate Dr. GV Rao, representing the SDF, argued that the petitions were filed on behalf of the party. However, the Court found no evidence of SDF’s official approval.
While these petitions were dismissed, the Court clarified that the SDF or other public-spirited entities could file fresh challenges. A separate petition by Lok Prahari, a registered society, remains active and will proceed in due course.
