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2010 Supreme(SC) 258

K. G. BALAKRISHNAN, P. SATHASIVAM, J. M. PANCHAL
Kunga Nima Lepcha – Appellant
Versus
State of Sikkim – Respondent


JUDGMENT

K. G. Balakrishnan, CJI. —

1. The present writ petition was instituted in this Court by way of public interest litigation under Article 32 of the Constitution of India. The petitioners have levelled 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. The petitioners have also alleged that he has misappropriated a large volume of public money at the cost of the Government of India and the Government of Sikkim. The relief sought by the petitioners is the issuance of a writ of mandamus directing the Central Bureau of Investigation (CBI) to investigate the allegations that have been levelled against him.

2. It may be recalled that the State of Sikkim had become a full fledged state of the Union of India, following the enactment of the Thirty-sixth Amendment to the Constitution which was given effect in 1975. The said amendment had inserted Article 371F into the constitutional text which lays down special provisions with respect to the governance of the State of Sikkim. We mu
















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