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Supreme Court Direction On State Election Commissioners

State Election Commissioners:

The Supreme Court held that independent persons and not bureaucrats should be appointed State Election Commissioners.

  • It said that giving government employees the additional charge of State Election Commissioners is a “mockery of the Constitution”.
  • The top court directed that the States should appoint independent persons as Election Commissioners all along the length and breadth of the country.
  • The judgment criticized the Goa government for giving its Law Secretary the additional charge of State Election Commissioner.
  • Article 243K deals with the Elections to the Panchayats.
  • It states that The superintendence, direction, and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission.
  • It shall consist of a State Election Commissioner to be appointed by the Governor.
  • Subject to the provisions of any law made by the State Legislature, the conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine. However,
  • The State Election Commissioner shall not be removed from his office except in the like manner and on the like ground as a Judge of a High Court.
  • The conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.

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