रजिस्ट्री सं० डी-(डी ) -721
REGISTERED No. D- (D) -72
भारत का राजपत्र The Gazette of Judia
असाधारण
EXTRAORDINARY
भाग - खण्ड 1
PART II-Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 63] No. 63)
मई विल्ली, मंगलवार , सितम्बर 9, 1975/भाद्र 18 , 1897 NEW DELHI, TUESDAY, SEPTEMBER 9 , 1975 / BHADRA 18 , 1897
इस भाग में भिन्न पृष्ठ संख्या वी आती है जिससे कि यह अलग संकलम के रूप में रखा जा रुके । Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi , the 9th September , 1975 / Bhadra 18 , 1897 ( Saka )
THE ELECTION LAWS ( EXTENSION TO SIKKIM)
ORDINANCE , 1975
No. 9 OF 1975
Promulgated by the President in the Twenty - sixth Year of the Republic of India.
An Ordinance to provide for the extension of the Representation of the People Act , 1950 and the Representation of the People Act , 1951 , to the State of Sikkim.
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action ;
NOW THEREFORE , in exercise of the powers conferred by clause ( 1) of article 123 of the Constitution , the President is pleased to promulgate the following Ordinance : -
1. ( 1 ) This Ordinance may be called the Election Laws ( Extension to Sikkim) Ordinance , 1975 .
(2) It shall come into force at once.
Shorttitle and com- mence- ment.
2. (1 ) The Acts mentioned in the Schedule are hereby extended to, and shall be in force in , the State of Sikkim .
(2) With effect from the commencement of this Ordinance , the Acts mentioned in the Schedule shall be amended as specified therein .
Extension and amend- ment of election laws.
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[PART 11--
(3 ) Any reference in the Acts mentioned in the Schedule to a law not in force, or to a functionary not in existence , in the State of Sikkim shall be construed as a reference to the corresponding law in force , or to the corresponding functionary in existence , in that State:
Provided that if any question arises as to who such corresponding functionary is , or if there is no such corresponding functionary , the Central Government shall decide as to who such functionary will be and the decision of the Central Government shall be final .
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THE SCHEDULE
(See section 2)
THE REPRESENTATION OF THE PEOPLE Aст , 1950
(43 ог 1950)
Section 7A . After section 7, insert : -
" 7A . ( 1 ) Notwithstanding anything contained in section 7 , in the Legislative Assembly of the State of Sikkim [deemed under the Constitution ( Thirty - sixth Amendment) Act , 1975 to be the Legis- lative Assembly of that State duly constituted ] , the total number of seats to be filled by personssons chosen by direct election from Assembly constituencies shall be 32.
Total number of seats in the Legislative Assembly of Sikkim and Assembly constitu- encies.
(2) Every Assembly constituency referred to in sub -section ( 1) shall be a single - member constituency.
(3 ) In the Legislative Assembly so deemed to be duly consti- tuted , the extent of each constituency and the reservation of seats shall be as provided for immediately before the commencement of the Constitution ( Thirty - sixth Amendment) Act , 1975. " .
Section 25A.-In Part III , after section 25, insert : →→→
Conditions of regis- tration as elector in Sangha constitu- ency in Sikkim,
"25A. Notwithstanding anything contained in sections 15 and 19, for the Sangha constituency in the State of Sikkim, only the Sanghas belonging to monasteries , recognised for the purpose of the elections held in Sikkim in April , 1974, for forming the Assembly for Sikkim, shall be entitled to be registered in the electoral roll, and the said electoral roll shall , subject to the provisions of sections 21 to 25, be prepared or revised in such manner as may be directed by the Election Commission , in consultation with the Government of Sikkim . " .
The First Schedule . In the First Schedule , under the heading "I. STATES " , after serial number 15 and the entries relating thereto, insert: -
" 15A . Sikkim
1
THE REPRESENTATION OF THE PEOPLE ACT , 1951
(43 OF 1951)
Section 4.-In section 4, omit " and" at the end of clause ( cc ) and after that clause , insert : --
"( ccc) in the case of the seat allotted to the State of Sikkim , he is an elector for the Parliamentary constituency for Sikkim ," .
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[PART II-
Section 5A . After section 5 , insert : -
" 5A . Notwithstanding anything contained in section 5 , a person shall not be qualified to be chosen to fill a seat in the Legis- lative Assembly of Sikkim (deemed to be the Legislative Assembly of that State duly constituted under the Constitution) unless-
Qualifica- tions for member- ship of Legislative Assembly ofSikkim ,
(a) in the case of a seat reserved for Sikkimese of Bhutia- Lepcha origin, he is a person either of Bhutia or Lepcha origin and is an elector for any Assembly constituency in the State other than the constituency reserved for the Sanghas ;
(b) in the case of a seat reserved for Sikkimese of Nepali origin, he is a person of Nepali origin and is an elector for any Assembly constituency in the State;
( c) in the case of a seat reserved for Scheduled Castes , he is a member of any of the castes specified in the Representa- tion of Sikkim Subjects Act , 1974 and is an elector for any Assembly constituency in the State ; and
(d) in the case of a seat reserved for Sanghas , he is an elector of the Sangha constituency." .
Section 12A .-After section 12 , insert: -
Notifica- tion for election to fill the seat allot- ted to the State of Sikkim in the Council ofStates.
" 12A. For the purpose of filling for the first time the seat allotted to the State of Sikkim by the Constitution ( Thirty - sixth Amendment ) Act, 1975 in the Council of States , the President shall , by a notifica- tion published in the Gazette of India, on such date as may be re- commended by Election Commission , call upon the elected mem- bers of the Legislative Assembly of the State of Sikkim to elect a member in accordance with the provisions of this Act and of the rules and orders made thereunder and the election so held shall for all purposes and intent be deemed to have been held under section 12. " .
Section 14A . After section 14 , insert:
"14A. For the purpose of electing a representative of the State of Sikkim to the House of the People , specified in clause ( e ) of article 371F of the Constitution , the Election Commission shall call upon the members of the Legislative Assembly of the State of Sikkim to elect the representative in accordance with such of the provisions of this Act, and the rules and orders made thereunder , as are applicable to the election of the members of the Council of States." .
Section 33. In section 33 , after sub- section ( 1) , insert: --
Notifica- tion for electing the repre- sentative of the State of Sikkim to the existing House of the People.
"( 1A) Notwithstanding anything contained in sub - section (1 ), for election to the Legislative Assembly of Sikkim (deemed to be the Legislative Assembly of that State duly constituted under the Constitution ) , the nomination paper to be delivered to the returning officer shall be in such form and manner as may be prescribed:
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Provided that the said nomination paper shall be subscribed by the candidate as assenting to the nomination, and-
a (a) in the case of seat reserved for Sikkimese of Bhutia - Lepcha origin , also by at least twenty electors of the constituency as proposers and twenty electors of the consti- tuency as seconders ;
(b) in the case of a seat reserved for Sanghas , also by at least twenty electors of the constituency as proposers and at least twenty electors of the constituency as seconders ;
(c) in the case of a seat reserved for Sikkimese of Nepali origin, by an elector of the constituency as proposer :
Provided further that no nomination paper shall be delivered to the returning officer on a day which is a public holiday ." .
Section 34. In section 34 , in sub -section ( 2 ) , for " under sub - section (1) of section 33 " , substitute " under sub- section ( 1 ) or, as the case may be , sub -section ( 1A ) of section 33 " .
Section 35. In section 35 , for " under sub - section ( 1 ) " , substitute "under sub - section ( 1 ) or , as the case may be , sub - section (1A) ".
FAKHRUDDIN ALI AHMED ,
President .
K. K. SUNDARAM ,
Secy. to the Govt . of India.
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI , 1975