Ref case No. 1(G) of 2018- A reference from Governor of  Sikkim under Article 192(2) of the Constitution- disqualification of 14 MLAs- Commission’s  opinion dated 18.04.2018 & 20.07.18 and Hon’ble Governor’s of Sikkim Order dated 25.04.2018 & 06.08.2018

COMMISSION’S OPINION DATED 18.04.2018 & 20.07.2018- REFERENCE FROM HON’BLE GOVERNOR OF SIKKIM ORDER DATED 25.04.2018 & 06.08.2018- DISQUALIFICATION OF 14 MEMBERS, MLA

Allegation of disqualification- for holding office of profit- Parliamentary Secretaries, Chairman Public Accounts Committee, Chairperson Estimates Committee & Chief Whip

Constitution of India- Article 191(1)- Held- not guilty- exempted offices

 The Election Commission vide Opinion dated 18.04.2018 held that the office of Parliamentary Secretary is exempted by Sikkim Legislative Assembly (Removal of Disqualification) Amendment Act, 2006. Further, office of Chairman, Public Accounts Committee & Chairperson, Estimates Committee are not offices of profit as the government has no power of appointment/removal.

The Election Commission of India vide Opinion dated 20.07.2018 held that the office of Chief Whip does not constitute ‘office of profit’ as the same has been exempted by Sikkim Legislative Assembly (Removal of Disqualification) Amendment Act, 1996.

Decision: not maintainable