HIGH COURT APPOINTS 3-MEMBER COMMITTEE TO CONDUCT ELECTIONS TO ASGTBA CEC
GANGTOK, 24 June: The All Sikkim Gurung (Tamu) Buddhist Association has dissolved its executive body and the two groups challenging the locus standii of the other, agreed to hold fresh election to the Central Executive Committee of the association. This undertaking to hold fresh elections was given to the High Court of Sikkim recently which then issued directions appointing a 3-member committee to conduct the elections.
These directions were passed on 13 June 2012 when the High Court took up the revision petition filed by TB Gurung and his associates challenging the lower court’s verdict on the issue.
The present body headed by HB Gurung was elected on 26 December 2010 through secret ballot and the election reportedly conducted with observers from Law and Justice Department and Election Department. Later, TB Gurung, former president of Association, challenged the entire election process and the validity of the body elected in 2010 in the court of the Civil Judge (Judicial Magistrate) at Gangtok. The Civil Court has upheld the present body citing that the tenure of TB Gurung and his executive body had completed much before the election was conducted in 2010.
Chief Justice Permod Kohli, following the willingness of both parties to hold fresh elections, appointed a three-member committee headed by Advocates SS Hamal [as Convener], and DR Thapa and Karma Thinlay Namgyal [as members], to conduct the election.
The High Court directed both the groups to permit the Committee to take over the records of the Association for the purpose of holding election.
The High Court has also directed the three-member committee to prepare a list of enrolled eligible voters in accordance with the memorandum of Association or Bye-laws of the All Sikkim Gurung (Tamu) Buddhist Association which will be notified and put on the Notice Board at its office situated at Indira Bye-pass road, Burtuk, Gangtok for a weeks time.
The Court has also granted liberty to file any objection to the voters list prepared by the election committee and after dealing with the objections; final list will be published and the date for election, nomination paper and withdrawal notified.
The High Court has also directed the parties to make equal contributions for completing the process of election as may be required and the amount of expenses required by the committee is to be drawn by TB Gurung and Binod Gurung from the respective accounts maintained by them in the name of the Association.
The High Court has also directed the parties that no documents for sale or acquisition of property be executed by any party nor any executed documents be registered till the election is held. The Court has granted liberty to the newly elected body to deal with the properties of the Association in accordance with the Bye-laws or memorandum of Association and law governing the society.
HB Gurung told media-persons later that ‘groupism’ will not be accepted in future in the Gurung community and that each member of the association will co-operate with the election committee to make the forthcoming elections successful.
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