A petition has been filed in the Supreme Court demanding reservations for the Scheduled Tribes, "Limboo" and "Tamang" in the Legislative Assembly of the State of Sikkim.
The petition has been filed by Adeep Tamang (Treasurer of the Sikkim Limboo Tamang Tribal Joint Committee), Saman Prasad Subba Limboo (President of the Committee), Surendra Moktan (Vice-President of the Committee), Dhan Rup Limboo (Vice-President of the Committee) and Binod Yonzon (Vice-President of the Committee).
It points out that the two tribes have been recognized as Scheduled Tribes under Article 342 of the Constitution of India and hence, should be granted reservation in the State Legislative Assembly by virtue of the Constitutional provision of Article 332.
The petition submits that the tribes of Bhutias and Lepcha have been provided seat reservation in the Sikkim Legislative Assembly, and therefore alleges violation of Article 14 of the Constitution of India for excluding the Limboo and Tamang communities from the benefits.
It further brings to the attention of the court the fact that the State Social Justice Empowerment and Welfare Department had issued a notification in March, 2008, extending social welfare benefits to the two Schedules Tribes. Another notification issued in June last year restructured the existing reservation in public employment and extended 13% vertical reservation to them.
Pointing out the consequent justifiability of reservations in the State Assembly as well, the petition then asserts, "It is humbly submitted that when privileges are received socially and economically, the two tribal communities are put to deprivation only when it comes to political reservation of Assembly seats."
To this end, it demands a direction to the Centre to amend Section 7(1A) of the Representation of Peoples Act, 1950 and Section 5A of the Representation of Peoples Act, 1951 to provide for seat reservations for the two tribal communities.
The petition also seeks a direction to the Delimitation Commission to issue a final notification giving effect to the reservation in the Legislative Assembly Seats, based on the 2011 census data. According to the data available, it claims that the two tribes are entitled to get 5 seats (15% of the total of 32 seats) in the Sikkim Legislative Assembly.
Read the Petition Here