Special constitutional provisions granted for state legislative assembly representation do not automatically extend to municipal elections. Courts will not exercise extraordinary jurisdiction to interfere in the electoral process, especially when statutory channels for challenging election matters are provided under the relevant constitutional and legislative framework.

JUDGMENT 

Meenakshi Madan Rai, J.

1. By filing this Writ Petition under Article 226 of the Constitution of India, the Petitioner seeks a direction from this Court to the Respondents to provide reservation of seats for the Bhutia- Lepcha (for short “B-L”), as an independent Community and Limboo- Tamang (for short “L-T”) as Scheduled Tribes, in the Municipal Elections (held on 09-10-2015) to the Municipal Corporation/ Municipal Councils and Nagar Panchayats in the State.

2. The Petitioner’s case is that in the previous Municipal Elections held in 2010, seats had been reserved for the B-L as an independent Community and for the L-T as Scheduled Tribes. Vide the assailed Notifications bearing Nos. M(63)/ GOS/ UD&HD/ MUN / 2015/ 23 and M(63)/ GOS/ UD&HD/ MUN/ 2015/ 24 both dated 01- 09-2015, the reservations so made were withdrawn for the Sikkim Municipal Elections of 2015. The Petitioner also assails two Notifications dated 09-09-2015 vide which details of process of nomination and date for election respectively were fixed as “09-10- 2015” for all Wards of the Municipal Corporation/ Municipal Councils/ Nagar Panchayats in the State. The Petitioner avers that the main inhabitants, i.e., the only ethnic Communities of Sikkim as per its history, are the Lepchas, the Bhutias and the Nepalese. Tracing the history of Sikkim from 1947 when Sikkim was a British Protectorate and thereafter a Protectorate of India under the Treaty of 1950, reference was made to the Royal Proclamation of 28-12-1952 and the provisions for reservation of seats for the B-L and the Sikkimese Nepali. That the State Council set up, in 1952 provided for twelve elected Members of which six were to be from the B-L Community and the other six, from the Sikkimese Nepalese. By the State Council and Executive Council Proclamation, 1953, dated 23-03-1953, a State Council of eighteen Members, consisting of twelve elected Members, five nominated Members and a President to be appointed by the Maharaja was constituted. The twelve elected Members were to comprise of the B-L and Sikkimese Nepalese. In 1958, the strength of the Council was increased to twenty, where the parity between B-L and the Sikkimese Nepalese was maintained. By the Representation of Sikkim Subjects Regulation, 1966, dated 21-12-1966, promulgated by the then Chogyal, the State Council was to consist of Territorial Constituencies of which seven comprised of B-L and seven were for Sikkimese Nepalese, apart from one seat for the Sangha, one seat for the Scheduled Castes, one for Tsong, one General seat and six to be nominated by the Chogyal.

3. Reference was also made to the Tripartite Agreement of 08-05-1973 which envisaged the rights of the people of Sikkim to Elections on the basis of adult suffrage. It also contemplated the setting up of a Legislative Assembly in Sikkim to be reconstituted by election every four years. Clause (5) of the Tripartite Agreement envisaged that the system of elections shall be so organised as to make the Assembly adequately representative of the various sections of the population. The size and composition of the Assembly and of the Executive Council was to be such as may be prescribed from time to time, care being taken to ensure that no single section of the population acquired a dominating