Golay can contest election, says SKM

Golay can contest election, says SKM
Sat, Feb 2, 2019

KUNAL RAI
GANGTOK:
Claiming of having secured a clinching reason based on Central laws and amendments, the Sikkim Krantikari Morcha (SKM) party today asserted that its president P.S. Golay is eligible to contest the upcoming elections and would be the party’s Chief Ministerial candidate.
Alleging the ruling SDF of resorting to various tactics to destroy the SKM and its leader, SKM spokesperson Jacob Khaling told a news conference that Golay can contest the election and the development has infused further energy.
Commenting on the legal aspects on the ban on Golay following his conviction and jail term, lawyer Ringzing Dorjee Tamang added that Section 8 of the Representation of People Act, 1951 providing for disqualification on grounds of conviction for certain offences had barred the SKM president or had considered him ineligible from contesting. However, he mentioned that the prohibition has been repealed vide an amendment of the Act of 2003 by the Repealing and Amendment Act, 2015 which has been published in the Gazette of India by the ministry of Law and Justice. The SKM party’s claim was based on a RTI reply from the Union Law and Justice ministry which stated that on the basis of concurrence, recommendation of the department, the Representation of People (Amendment) Act.2002 (9 of 2003) has been repealed by the Repealing and Amendment Act, 2015 (17 of 2015).
“With the RTI reply from the Union ministry, it is now clear that the SKM president can contest the upcoming election. As the Parliament has already amendment the law, the Election Commission of India will definitely comply with the amendment,” said Tamang.
Golay had been convicted in a corruption case and sentenced to a one year’s imprisonment at Rongyek Jail near Gangtok. He completed his sentence on August 10 last year. The ruling Sikkim Democratic Front (SDF) has been maintaining that Golay cannot contest the 2019 Assembly elections since he was convicted in a corruption case.
Spokesperson Khaling further said the State Election Department must also be updated on the amended law so that preparations can be done accordingly in the State election and last minute glitches be avoided.
Asked on the on-going parleys between opposition parties particularly the HSP to form electoral alliances with the BJP and other outfits, Khaling expressed that the SKM is serious on having alliances and the meeting with HSP scheduled to be held on Thursday has only been deferred with president Golay being out of State and party functionaries engaged in preparations for the February 4 SKM day event.


Area: 7096 Sq Km
Capital:Gangtok
Altitude: 5,840 ft
Population: 6.10 Lakhs
Topography: Hilly terrain elevation from 600 ft. to over 28,509 ft above sea level
Climate:
Summer: Max- 21°C ; Min – 13°C
Winter: Max -13°C ; Min – 0.48°C
Rainfall: 325 cm per annum
Language Spoken: Nepali, Bhutia, Lepcha, Tibetan, English, Hindi