Writ petition in SC against Pawan Chamling and others by four SPCC leaders “dismissed

Gangtok: A division bench of Supreme Court of India, Coram Chief Justice K. G. Balakrishnan, Justice P. Sathasivam and Justice J. N. Panchal, in a historic order on Thursday, March 25, 2010, has “dismissed” the writ petition instituted in the Apex Court by way of a PIL under Article 32 of the Constitution of India.

In the court order it is noted that the petitioners Kunga Nima Lepcha and three others, all office bearers of Sikkim Pradesh Congress Committee headed by former Chief Minister Mr. Nar Bahadur Bhandari as its president, “have leveled some allegations against the incumbent Chief Minister of the State of Sikkim who was impleaded as respondent no.2 herein”.

“The crux of these allegations is that he has misused his public office to amass assets disproportionate to his known sources of income…” In the 11-page judgment the bench further noted: “Before addressing the substance of the petitioners’ submission, it must be mentioned that there are four petitioners in this case who are serving as office bearers of a political party in Sikkim. Petitioner No.3 has affirmed through an affidavit dated 21st August, 2007, that they were advised to file a writ petition before this court by former Chief Minister of Sikkim and currently serving as president of a political party….”


“The fact that this petition was instituted at the initiative of four individuals belonging to a political party raises the apprehension that they were motivated by a sense of political rivalry rather than public-spirited concern about the misuse of the office by the incumbent Chief Minister. We must of courseemphasize that the writ jurisdiction exercised by the court cannot be turned into an instrument of such partisan considerations….” “Hence, the writ petition is dismissed, however with no order as to costs”. In a press release of Sikkim Democratic Front issued on the day by party spokesman Mr. Bhim Dahal, SDF party has congratulated the party president and Sikkimese people as a whole for this historic win.
“Mr. Bhandari has been rejected more than nine times by the people through different elections and he had faced severe defeats against Mr. Chamling in different courts at least seven times”, says the release.

The release also recalls that on 16June, 1996, the then, Sangram Parishad President, Mr. Nar Bhadur Bhandari had gone to the Governor Mr. Randhir Singh urging him for a PIL against Chief Minister Pawan Chamling. He had given an ultimatum of 24 hours to the governor on September 3, 1996. Again on December the same year, he had gone to the High Court of Sikkim to impose corruption case on Pawan Chamling which was dismissed by the HC on December10, 1997. He went to the Supreme Court against the HC judgement and lodged a PIL. The Apex Court also dismissed the case on April 30, 1997. Another appeal against Mr. Chamling was dismissed on July 18, 1997 on the same issue. Mr. Bhandari, again went to the SC against the decision of the Governor on October 14, 1997, which was again dismissed. Sikkim has made a name for itself within the Indian Republic and abroad because of the able leadership of Pawan Chamling and his good works, the release noted. It is added, Opposition has to realize that, if they have to win the heart of people, they have to come up with good principles, policies, plans, pro people leadership and eschew the habit of disturbing the development saga heralded by Pawan Chamling.

Source: Sikkim Reporter