High Court dismisses PIL filed by Sikkim Gorkha Jagaran Sangh challenging seat reservation pattern

The High Court of Sikkim, Gangtok, dismissed a Public Interest Litigation (PIL) filed by Sikkim Gorkha Jagaran Sangh and Others against the Union of India and Others, challenging the existing disproportionate seat reservation pattern in the state of Sikkim. The PIL was filed under Article 226 of the Constitution of India and sought various reliefs related to the enforcement of constitutional and legal rights and the reservation of seats in the Sim Gacka Juara Santandenda and other areas.

During the proceedings, the respondents raised objections to the maintainability of the PIL, with Respondent No. 3 contending that some of the prayers sought by the petitioners had already been considered by a Constitution Bench of the Hon'ble Supreme Court in a previous case. Respondent Nos. 1 and 2 also sought deletion of the name of Respondent No. 1 from the array of respondents, as no reliefs were claimed from the said official. Petitioner No. 6 responded to the objections, arguing that the questions of law raised in the PIL were not addressed in the previous case and that the preliminary objection of Respondent Nos. 1 and 2 was meritless.

The High Court of Sikkim reserved its judgment on the PIL after hearing the arguments from all parties. However, on April 19, 2023, the court delivered its judgment, dismissing the PIL. The court cited that the provisions being challenged were transitional in nature and could only be considered and determined by the Hon'ble Supreme Court in view of its previous observations. The court also mentioned that the prayers sought by the petitioners were vague and fell under the exclusive legislative competence of the Parliament.

The dismissal of the PIL has drawn mixed reactions from different parties. BL Leader Tseten Tashi Bhutia expressed gratitude to the High Court for upholding the law and constitutional values, while the Sikkim Gorkha Jagaran Sangh expressed disappointment with the decision. The High Court's judgment has reiterated the need for further consideration and determination by the Hon'ble Supreme Court regarding the transitional provisions in Sikkim's political evolution.