The Supreme Court held that a government officer serving a state government or the Central Government cannot be appointed as the State Election Commissioner. The Court passed this significant direction to ensure the independence of the State Election Commission.
The judgment came on an appeal against an order of the Bombay High Court which had set aside the election notification issued by the Goa State Election Commission in some municipalities.
States should appoint independent persons and not bureaucrats holding government office as Election Commissioners. Because the independence of EC cannot be compromised at any cost.
The court has also asked all states to comply with the constitutional scheme of the independent State Election Commissioner (SEC).
Under the constitutional mandate, it is the duty of the State to not interfere with the functioning of the State Election Commission.
The State Election Commission is a constitutional authority which conducts elections to fill up vacancies in the State Legislative Assembly and State Legislative Council. It is constituted under the provisions of Article 243K read with article 243ZA of The Constitution of India.
The State Election Commission Is An Independent Organisation That Conducts Elections To Three Types Of Rural Local Bodies (Rlbs) I.E., Zilla, Taluka And Gram Panchayats, And Four Types Of Urban Local Bodies (Ulbs) I.E., Municipal Corporations, City Municipal Councils, Town Municipal Councils And Town Panchayats.
The State Election Commissioner is the administrative head of the State Election Commission. The State Election Commissioner shall be appointed by the Governor of the state from amongst the retired or superannuated Judges of the High Court or District Judges having not less than seven years experience as such a Judge.
The Governor shall appoint the State Election Commissioner. The State Election Commissioner enjoys same powers as the Election Commission of India. He also holds an office of profit and shall not be removed from his office except in like manner and on the like grounds as a judge of a High Court and the decision of the Governor thereon shall be final.
Article 243K(1): It states that the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats (Municipalities under Article 243ZA) shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.
Article 243K(2): It states that the tenure and appointment will be directed as per the law made by the state legislature. However, State Election Commissioner shall not be removed from his/her office except in like manner and on the like grounds as a Judge of a High Court.
The Election Commission of a particular state is the body that oversees the election process in that particular state. It is also called as the State Election Commission or SEC.
It is responsible for free and fair election processes in the state according to the Constitution of India.
The controls over elections in a state are vested with and exercised by the Election Commission.
