The Assembly secretariat today issued a notification, informing the disqualification of Sikkim Krantikari Morcha president P.S. Golay as an MLA following his conviction in a corruption case.
A lower court here had awarded a one-year jail term to the five-time legislator and slapped a fine of Rs 10,000 on him on December 28 for misappropriation of around Rs 9. 5 lakh meant for distributing cows under a government scheme.
The notification issued by L.M. Pradhan, the secretary of the Assembly secretariat, said the disqualification had come into effect on the date of judgement as per section 8(1)m of Representation of the People Act, 1951. The notification also said Golay's Upper Burtuk constituency in East Sikkim had fallen vacant.
Pradhan said the secretariat had received a copy of the verdict late and that was why there was a delay in issuing the notification.
Golay had served three times as a minister and secured bail from the same court on December 28.
The joint chief electoral officer, Urvashi Poudyal, said a letter had been sent to the Election Commission in Delhi on the MLA's disqualification. "We are waiting for further orders on holding byelection in Upper Burtuk Assembly segment," said Poudyal.
Sources in the Election Commission said rules stipulated that the bypoll should be held within six months of a legislator's disqualification.
The SKM publicity in-charge, Bikash Basnet, said the party would look into the legal aspect and refused further comments.(TT)