DORJEE TSHERING LEPCHA Vs. STATE OF SIKKIM
LAWS(SIK)-2021-3-3
HIGH COURT OF SIKKIM
Decided on March 01,2021

Dorjee Tshering Lepcha Appellant
VERSUS
STATE OF SIKKIM Respondents

JUDGEMENT

JITENDRA KUMAR MAHESHWARI,J. - (1.) This petition in the nature of Public Interest Litigation has been filed by the petitioner under Article 226 of Constitution of India assailing the Office Order dated 17.11.2019 issued by the respondent no.3 and to declare it as null and void with a further prayer to restrain all departments of respondent no.1 entertaining the recommendations made by the respondent no.4 an Area Incharge appointed in their respective constituency of respondent nos.2 and 3 with a further prayer to issue a writ in the nature of mandamus declaring that any work, appointment, selection of beneficiaries of rural scheme for whatsoever executed till date on the basis of the recommendations are null and void with a further direction that the respondent no.4 do not have any executive and quasi-executive power in the Government of Sikkim, to make any such recommendation further restraining respondent no.4 and an Area In-Charge from placing their designation place from their Area In-charge of their vehicles.
(2.) After hearing learned Counsel for the petitioner Mr. Yam Kumar Subba at a length and looking into the nature of the order which is issued by way of internal correspondence for functioning of any political party cannot be a subject matter of interference in the Public Interest Litigation, therefore, the Consequential reliefs as prayed for, in this Writ Petition by the petitioner seeking writ in the nature of mandamus to issue direction against the respondent no.1 is not required to be invoked.
(3.) We are constraint to observe that the Government and the departments of the respondent no.1 ought to have discharge their duties in accordance with law and the merit of the individual issues. In case any aggrieved person is there whose grievance has not been addressed and they have not been given the benefit, which they are entitled to, at liberty to approach the Court in individual. However, questioning the correspondence of the individual political party, Public Interest Litigation cannot be entertained.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.