Act Number: 43

Act Name: The Representation of the People Act, 1951

Year: 1951

Enactment Date: 1951-07-17

Long Title: An Act to provide for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section 5A: Qualifications for membership of Legislative Assembly of Sikkim.
    1[5A. Qualifications for membership of Legislative Assembly of Sikkim.2[(1)] Notwithstanding Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of Sikkim (deemed to be the Legislative Assembly of that State duly constituted under the Constitution) 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 Sikkimese of Nepal 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 Representation 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.]
    3[(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 (8 of 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 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.]
Notes:
1. Ins. by Act 10 of 1976, s. 2 and the Schedule (w.e.f. 9-9-1975).
2. Section 5A re-numbered as sub-section (1) of that section by Act 8 of 1980, s. 3 (w.e.f. 1-9-1979).
3. Ins. by Act 8 of 1980, s. 3 (w.e.f. 1-9-1979).
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