Section 3   [ View Judgements ]

Amendment of section 5A of Act 43 of 1951


In the Representation of the People Act, 1951 , section 5A shall be re-numbered as sub-section ( 1 ) thereof, and after sub-section ( 1 ) as so re-numbered, the following sub-section shall be inserted, namely:-



'( 2 ) Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the commencement of the Representation of the People ( Amendment ) Act, 1980, unless-



( 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 the Scheduled Castes, he is a member of any of those castes in the State of Sikkim and is an elector for any assembly constituency in the State;



( c ) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency; and



( d ) in the case of any other seat, he is an elector for any assembly constituency in the State.



Explanation.- In this sub-section "Bhutia" includes Chumbipa, Dopthapa, Dukpa, Kagatey, Sherpa, Tibetan, Tromopa and Yolmo.'.

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