THE ELECTION LAWS (EXTENSION TO SIKKIM) ACT, 1976 
__________ 

ARRANGEMENT OF SECTIONS 
____________ 

SECTIONS 

1.  Short title and commencement. 
2.  Extension and amendment of election laws. 
3.  Repeal and saving. 
THE SCHEDULE. 

1 

 
 
 
 
 
THE ELECTION LAWS (EXTENSION TO SIKKIM) ACT, 1976 

ACT NO. 10 OF 1976 

[25th January, 1976.] 

An  Act  to  provide  for  the  extension  of  the  Representation  of  the  People Act,  1950  and  the 

Representation of the People Act, 1951, to the State of Sikkim. 

BE it enacted by Parliament in the Twenty-sixth Year of the Republic of India as follows:— 

1. Short title and commencement.—(1) This Act may be called the Election Laws (Extension to 

Sikkim) Act, 1976. 

(2) It shall be deemed to have come into force on the 9th day of September, 1975. 

2.  Extension  and  amendment  of  election  laws.—(1)  The  Acts  mentioned  in  the  Schedule  are 

hereby extended to, and shall be in force in, the State of Sikkim. 

(2) With effect from the commencement of this Act, the Acts mentioned in the Schedule shall be 

amended as specified therein. 

(3) Any reference in the Acts mentioned in the Schedule to a law not in force, or to a functionary 
not in existence, in the State of Sikkim shall be construed as a reference to the corresponding law in 
force, or to the corresponding functionary in existence, in that State: 

Provided that if any question arises as to who such corresponding functionary is, or if there is no 
such corresponding functionary, the Central Government shall decide as to who such functionary will 
be and the decision of the Central Government shall be final. 

3.  Repeal 

The 
Ordinance, 1975 (9 of 1975), is hereby repealed. 

saving.—(1) 

and 

Election 

Laws 

(Extension 

to 

Sikkim)                            

(2) Notwithstanding such repeal, anything done or any action taken under or by virtue of the said 

Ordinance shall be deemed to have been done or taken under or by virtue of this Act. 

________ 

THE SCHEDULE 

(See section 2) 

THE REPRESENTATION OF THE PEOPLE ACT, 1950 

(43 OF 1950) 

Section 7A.—After section 7, insert:— 

“7A.  Total  number  of  seats  in  the  Legislative  Assembly  of  Sikkim  and  Assembly 
constituencies.—(1)  Notwithstanding  anything  contained  in  section  7,  in  the  Legislative 
Assembly  of  the  State  of  Sikkim  [deemed  under  the  Constitution  (Thirty-six  Amendment)       
Act, 1975 to be the Legislative Assembly of that State duly constituted], the total number of seats 
to be filled by persons chosen by direct election from Assembly constituencies shall be 32. 

(2)  Every  Assembly  constituency  referred  to  in  sub-section  (1)  shall  be  a  single  member 

constituency. 

(3)  In  the  Legislative  Assembly  so  deemed  to  be  duly  constituted,  the  extent  of  each 
constituency  and  the  reservation  of  seats  shall  be  as  provided  for  immediately  before  the 
commencement of the Constitution (Thirty-sixth Amendment) Act, 1975.”. 

2 

 
 
 
 
Section 25A.—In Part III, after section 25, insert: — 

“25A.  Conditions  of  registration  as  elector  in  Sangha  constituency  in  Sikkim.—
Notwithstanding  anything  contained  in  sections  15  and  19,  for  the  Sangha  constituency  in  the 
State  of  Sikkim,  only  the  Sanghas  belonging  to  monasteries,  recognised  for  the  purpose  of  the 
elections held in Sikkim in April, 1974, for forming the Assembly for Sikkim, shall be entitled to 
be  registered  in  the  electoral  roll,  and  the  said  electoral  roll  shall,  subject  to  the  provisions  of 
sections  21  to  25,  be  prepared  or  revised  in  such  manner  as  may  be  directed  by  the  Election 
Commission, in consultation with the Government of Sikkim.”. 

The First Schedule.—In the First Schedule, under the heading “I. STATES”, after serial number 15 

and the entries relating thereto, insert:— 

“15A. Sikkim       . .            . .                 . .                . .                . .              1             . .        ”.      

THE REPRESENTATION OF THE PEOPLE ACT, 1951 

(43 OF 1951) 

Section 4.—In section 4, omit “and” at the end of clause (cc) and after that clause, insert:— 

“(ccc)  in  the  case  of  the  seat  allotted  to  the  State  of  Sikkim,  he  is  an  elector  for  the 

Parliamentary constituency for Sikkim.”. 

Section 5A.—After section 5, insert:— 

“5A. 

Qualifications 

for  membership 

of 

Legislative 

Assembly 

of                            

Sikkim.—Notwithstanding anything contained in section 5, a person shall not be qualified to be 
chosen  to  fill  a  seat  in  the  Legislative  Assembly  of  Sikkim  (deemed  to  be  the  Legislative 
Assembly of that State duly constituted under the Constitution) unless— 

(a) in the case of a seat reserved for  Sikkimese of Bhutia-Lepcha origin, he is a person 
either  of  Bhutia  or  Lepcha  origin,  he  is  person  either  of  Bhutia  or  Lepcha  origin  and  is  an 
elector for any Assembly constituency in the State other than the constituency reserved for the 
Sanghas; 

(b) in the case of a seat reserved for Sikkimese of Nepali origin, he is a person of Nepali 

origin and is an elector for any Assembly constituency in the State; 

(c) in the case of a seat reserved for Scheduled Castes, he is a member of any of the castes 
specified  in  the  Representation  of  Sikkim  Subjects  Act,  1974  and  is  an  elector  for  any 
Assembly constituency in the State; and 

(d)  in  the  case  of  a  seat  reserved  for  Sanghas,  he  is  an  elector  of  the  Sangha 

constituency.”. 

Section 12A.—After section 12, insert:— 

“12A.  Notification  for  election  to  fill  the  seat  allotted  to  the  State  of  Sikkim  in  the 
Council of States.—For the purpose of filling for the first time the seat allotted to the State of 
Sikkim  by  the  Constitution  (Thirty-sixth  Amendment)  Act,  1975  in  the  Council  of  States,  the 
President  shall,  by  a  notification  published  in  the  Gazette  of  India,  on  such  date  as  may  be 
recommended  by  Election  Commission,  call  upon  the  elected  members  of  the  Legislative 
Assembly of the State of Sikkim to elect a member in accordance with the provisions of this Act 
and  of  the  rules  and  orders  made  thereunder  and the  election so  held shall  for all  purposes  and 
intent be deemed to have been held under section 12.”. 

Section 14A.—After section 14, insert:— 

“14A. Notification for electing the representative of the State of Sikkim to the existing 
House of the People.—For the purpose of electing a representative of the State of Sikkim to the 
House  of  the  People,  specified  in  clause  (e)  of  article  371F  of  the  Constitution,  the  Election 

3 

 
 
Commission shall call upon the members of the Legislative Assembly of the State of Sikkim to 
elect the representative in accordance with such of the provisions of this Act, and the rules and 
orders  made  thereunder,  as  are  applicable  to  the  election  of  the  members  of  the  Council  of 
States.”. 

Section 33.—In section 33, after sub-section (1), insert:— 

“(1A)  Notwithstanding  anything  contained in  sub-section  (1),  for  election  to  the  Legislative 
Assembly of Sikkim (deemed to be the Legislative Assembly of that State duly constituted under 
the  Constitution),  the  nomination  paper  to  be  delivered  to  the returning  officer  shall  be  in  such 
form and manner as may be prescribed: 

Provided that the said nomination paper shall be subscribed by the candidate as assenting to 

the nomination, and— 

(a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, also by at least 
twenty  electors  of  the  constituency  as  proposers  and  twenty  electors  of  the  constituency  as 
seconders; 

(b)  in  the  case  of  a  seat  reserved  for  Sanghas,  also  by  at  least  twenty  electors  of  the 

constituency as proposers and at least twenty electors of the constituency as seconders; 

(c)  in  the  case  of  a  seat  reserved  for  Sikkimese  of  Nepali  origin,  by  an  elector  of  the 

constituency as proposer: 

Provided further that no nomination paper shall be delivered to the returning officer on a day 

which is a public holiday.”. 

Section 34.—In section 34, in sub-section (2), for “under sub-section (1) of section 33”, substitute 

“under sub-section (1) or, as the case may be, sub-section (1A) of section 33”. 

Section 35.—In section 35, for “under sub-section (1)”, substitute “under sub-section (1) or, as the 

case may be, sub-section (1A)”. 

4 

 
 
