Title : STATE ELECTION COMMISSION

Date : Dec 11, 2021

Description :

GS II

 

Topic à Election related issues

 

• The State Election Commission is comprised of the following individuals:

 

• The State Election Commission, comprising of a State Election Commissioner, is charged with supervising, directing, and controlling the production of electoral rolls for, and the conduct of all elections to Panchayats and Municipalities under the Indian Constitution (Articles 243K, 243ZA).

 

• Appointment of the State Election Commissioner:

 

• The Governor appoints the State Election Commissioner.
• In accordance with article 243(C3), the Governor shall make available to the State Election Commission such staff as may be required for the performance of the tasks entrusted to the SEC.

 

• The ECI and SECs have identical mandates, but do they have the same powers:

 

• Article 243K of the Constitution, which governs the establishment of SECs, is nearly identical to Article 324 of the Constitution, which governs the EC.
• In other words, SECs have the same legal standing as the EC.
• In the case of Kishan Singh Tomar vs Municipal Corporation of the City of Ahmedabad, the Supreme Court ruled that state governments must implement the directions of the SECs during panchayat and municipal elections, just as they do during Assembly and Parliament elections.

 

• How far can the courts get involved:

 

• Once the electoral process has begun, courts cannot intervene in the conduct of polls for local bodies and self-government entities.
• Article 243-O of the Constitution prohibits the EC from interfering in polling matters initiated by the SECs, and Article 329 prohibits the EC from interfering in such cases initiated by the SECs.
• Election petitions can only be filed after the polls have closed to challenge the SECs' decisions or actions.
• The powers that the SECs have are the same as those that the EC has.

 

• Source à The Hindu à 10/12/21 à Page Number 4

Tags : election commission, election reforms