Wednesday, April 8, 2009

Delhi High Court issued notice in the matter of CM of Sikkim, Mr. Pawan Chamling’s case for subsequently acquiring his Nepali’s citizenship.

Delhi High Court issued notice in the matter of CM of Sikkim, Mr. Pawan Chamling’s case for subsequently acquiring his Nepali’s citizenship.
by

Ashutosh Kumar singh

New delhi

On 8.04.09, the Hon’ble Delhi High Court issued notice to Union of India, Election Commission of India, and Mr. Pawan Kumar Chamling, Chief Minister of Sikkim on a writ Petition filed by Mr. Padam Parshad Sharma challenging that Mr. Pawan Chamling has ceased to have Indian Citizenship as he had acquired Nepali Citizenship. Ms. Pinky Anand, Senior Advocate, while arguing on behalf of petitioner, urged prompt intervention of Hon’ble Court to take serious note of the deliberate inaction of Union of India through Ministry of Home to decide the petitioner’s complaint dated 9.6.2008. In the complaint, Mr.Padam Parasad Sharma has unveiled starthing facts about Mr.Pawan Chamling, presently C. M. of Sikkim State who has subsequently acquired Nepali’s citizenship. Mr.Chamling‘s Nepal Citizenship Certificate, Nepal’s Population Certificate and Nepal’s House Tax Receipt were filed with complaint dated 9.6.2008. Ministry of Home deliberately slept over the complaint dated 9.6.2008 and did not take any steps. Mr.Pawan Chamling has willingly acquired Nepal’s citizenship. Under Section 9 of the Citizenship Act, any citizen of India who voluntarily acquires the citizenship of another country shall cease to be a citizen of India. Mr.Pawan Chamling is not entitled to hold the seat of member of Sikkim Legislative Assembly under Article 173 of the Indian Constitution and is disqualified as an MLA under Article 191(d) of the Constitution. Mr.Pawan Chamling is not qualified for contesting any elections in India.

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