Qualifications for membership of Legislative Assembly of Sikkim
Section 5A of the Representation of the People Act, 1951 deals with qualifications for membership of Legislative Assembly of Sikkim. [5A. Qualifications for membership of Legislative Assembly of Sikkim.[(1)] Notwithstanding 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 cons The Act came into force on 17 Jul 1951.
1[5A. Qualifications for membership of Legislative Assembly of Sikkim.2[(1)] Notwithstanding 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 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 Nepal 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.]
3[(2) Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1980 (8 of 1980), 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 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 Scheduled Castes, he is a member of any of those castes in the State of Sikkim and is an elector for any Assembly constituency in the State;
(c) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency; and
(d) in the case of any other seat, he is an elector for any Assembly constituency in the State.
Explanation.--In this sub-section "Bhutia" includes Chumbipa, Dopthapa, Dukpa, Kagatey, Sherpa, Tibetan, Tromopa and Yolmo.]
Section 5A, The Representation of the People Act, 1951 (Act 43 of 1951).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Sikkim Gorkha Jagaran Sangh v. Union of India
Court's Decision & Legal Precedent
DB (Somadder CJ + Meenakshi Madan Rai J.), Final Order DATE VERIFIED 2023-04-20 order-40.pdf (not order-36 IA). PIL seeking Gorkha/Limboo-Tamang assembly reservation, creamy-layer exclusion of Bhutias, and a declaration that RP Act / Art 371F(f) seat reservations are spent transitional provisions. Held: R.C. Poudyal (CB) already answered those questions; Art 141 binds the High Court; creamy-layer does not apply to STs (Indra Sawhney / Ashoka Kumar Thakur); increase of assembly size / Limboo-Tamang seats is with Parliament / the Harry Ram Pradha follow-up. Sikkim isolated.
On this section: s.5A Sikkim Assembly qualifications / Bhutia-Lepcha seat provisions were the RP-Act vehicle already tested in Poudyal; they are not struck here.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Questions about Section 5A
What have the courts held on Section 5A of the Representation of the People Act?
Sikkim Gorkha Jagaran Sangh v. Union of India (20 Apr 2023) is the leading judgment on this section among those set out below: s.5A Sikkim Assembly qualifications / Bhutia-Lepcha seat provisions were the RP-Act vehicle already tested in Poudyal; they are not struck here.
How do I find court cases under Section 5A of the Representation of the People Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RP Act 1951 5A, section 5A RP Act 1951, section 5A of the Representation of the People Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Sikkim Gorkha Jagaran Sangh v. Union of India (20 Apr 2023).
What should I read with Section 5A of the Representation of the People Act, and has it changed?
Its own text turns on section 5 (Qualifications for membership of a Legislative Assembly), so none of them can safely be read on its own. The rules and notifications made under it are where it actually bites, and there is one: most recently The Conduct of Assembly Elections (Sikkim) Rules, 1979 (1979).
When did Section 5A of the Representation of the People Act come into force?
Section 5A of the Representation of the People Act, cited as RP Act 1951 5A, came into force on 17 Jul 1951, having been enacted on 17 Jul 1951. It is in force as at the date shown on this page.
Other sections of this Act
- 123. Corrupt practices1710 words
- 33. Presentation of nomination paper and requirement for a valid nomination1149 words
- 8. Disqualification on conviction for certain offences898 words
- 75A. Declaration of assets and liabilities659 words
- 39. Nomination of candidates at other elections632 words
- 36. Scrutiny of nominations596 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 19 Oct 2026. This page is not a substitute for legal advice.