Sikkim Chief Minister(CM) has requested the Election Commission (EC) to grant him a waiver of the remaining period of his disqualification to retain the post.
Sikkim CM who was appointed on May 27,2019 needs to be elected to the Assembly within six months of his appointment.However,he is barred from contesting polls as he has been convicted in a corruption case.
Under the Representation of the People Act, 1951,those convicted and imprisoned under the Prevention of Corruption Act are disqualified from contesting elections during the period of incarceration and until six years after release.
However,Section 11 of the Representation of the People Act,1951, empowers the Election Commission(EC) to remove or reduce the period of disqualification.
Earlier,the EC had exercised its powers under Section 11 to remove or reduce disqualification of a convicted person.In 1977,EC had reduced the period of disqualification of two Uttar Pradesh MLAs who were convicted of criminal offence.