SC judgement on State Election Commissioners

The Supreme Court (SC) of India has observed that State Election Commissioners (SECs) have to be independent and hence should not be persons holding office with Central Government or a State Government. 

What is the case about? ·

  Ruling was with respect to a petition regarding arbitrary reservation of municipal wards in Goa by the State Election Commissioner (SEC). 

  o The Law Secretary (an employment under the State Government) has been given the additional duty of being SEC in Goa. 

· Goan government mainly contended that the courts cannot interfere in the election of local bodies – hence cannot interfere in the reservation of wards. 

· SC observed that SEC has to be person who is independent of the State Government, as he is an important constitutional functionary who oversees the entire election process in Panchayats and Municipalities. 

   o Based on this, SC has directed the government to withdraw the arbitrary municipal reservation and to

243K (and 243 ZA)

 · Superintendence, direction and control of the preparation of electoral rolls and conduct of all elections to Panchayats (Municipalities) shall be vested in a State Election Commission – consisting of a State Election Commissioner, appointed by Governor. 

 · Conditions of service and tenure of office of SEC shall be determined by the Governor. · SEC shall not be removed from his office except in the same manner and on same grounds as a Judge of a High Court. · Conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment. 

243-O (and 243ZG) 

· Validity of any law relating to the delimitation or allotment of seats to constituencies of Panchayats (Municipalities), shall not be called in question in any court. 

· Any question with respect to the election shall be raised only through an election petition in a manner as provided by a law made by the State Legislature.