State Election Commission
Just like the Election Commission of India, the state election commissions are also autonomous constitutional authorities that have been established for conduction and administration of Election processes across Panchayat and Municipalities. The body has been vested with the powers to supervise, direct and control the elections to the 3rd tier of governance i.e. Local self-government.
Constitutional provisions covering the State Election Commission
Article 243 K (1): Article 243 K (1) provides for the superintendence, direction and control of the preparation of electoral rolls for the conduction of all elections to local bodies including Panchayat and Municipalities under Article 243 ZA by the State Election Commission, headed by State Election Commissioner who is appointed by the Governor
Article 243 K (2): Article 243 K (2) lays down the tenure and appointment for the body to be as per the law made by the state legislature. It further provides that the State Election Commissioner cannot be removed from his office except as in like manner and like grounds as the judge of the High Court.
Article 243 O: Article 243 O bars the interference of Courts, however, an appeal against the decision of the State Election Commission may be made in the court if there exists an error or dispute of jurisdiction or violation of any Constitutional provisions.
Establishment of State Election Commission: Important Dates
Before 1992, the elections to the Local bodies were conducted by respective State Governments and as such the process was full of biases and unfairness with each state government trying to put its members in the bodies.
The 73rd and 74th Constitution Amendments introduced in 1992, while on one hand providing legal sanctity to the Local Self Governments, also brought changes in the system of their elections.
Article 243 K and Article 243 ZA were inserted in the Indian Constitution which provided for the establishment of a State Election Commission in every state to serve as a constitutional body vested with power of ‘superintendence, direction and control’ over the process of election to such bodies.
Composition of State Election Commission
In every state, the State Election Commission is headed by the State Election Commissioner who is appointed by the Governor.
However, some state like Punjab also provides for the appointment of a Deputy Election Commissioner
In most of the states, generally, a retired civil servant or Retired Judge is appointed as the Election Commissioner.
Other Election Officers include:
District Election Officer: For each district, District Election Officers are appointed and entrusted with the work of preparation, revision and correction of electoral rolls. Their functioning is subject to overall superintendence and control of the State Election Commission.
Electoral Registration Officer: The Electoral Rolls for each local body including Panchayat and Municipality are prepared and revised by the Electoral Registration Officer.
Returning Officer: The SEC in consultation with the State Government, designates or nominates an officer of the State Government or local body as returning officer and other assistant returning officers.
Presiding Officer and Polling Officer: The Presiding Officer is entrusted with the duty to maintain fairness and orderly conduction of polls at the concerned polling station and the polling officer assists him.
Tenure of State Election Commission
The State Election Commission generally holds the office for a period of 5 years. The Governor by rule determine such tenure in respective states.
The State Election Commissioner can be removed in the like manner and on the like grounds as a judge of the High Court
Functions and Responsibilities of the State Election Commission
As the State Election Commissions are set up for conduction of free and fair elections to the local bodies of the states, they have to undertake a large variety of functions and related activities, which are as follows:
Preparation of Electoral Rolls: For every Panchayat and Municipality, an electoral roll needs to be prepared, which is carried on under the superintendence, direction and control of the State Election Commission. The same is revised before every general elections and bye-elections to fill casual vacancies
Appointment of Dates for filing nomination: As soon as the notification calling upon a constituency to elect a member is issued, the SEC appoints the last date for making nominations, which is generally till the 7th day of release of such notification, date of scrutiny of such nominations, withdrawal of nomination, date of polls and last date before which elections are to be completed.
Public Notice of Elections: The Returning Officer provides the public notice informing the conduction of intended elections, inviting nominations and informing dates.
Publication of List of Contending Candidates: The Returning Officer, after the nominations have been filed and withdrawal of nominations taken place, prepares and publishes the final list of nominations in alphabetical order
Adjournment of Polls in Emergency: If the proceedings at some political stations are interrupted or obstructed, the presiding officer, may adjourn the polls of such body
Counting of Votes: The votes, after the conclusion of the polls, are counted under the supervision and direction of Returning Officers
Limitations of State Election Commission
While the State Election Commissions are established for the free and fair conduction of elections, these highly respected and trusted bodies have their limitations which include:
The Qualifications of members of the State Election Commission have not been mentioned in the Constitution, vesting huge discretion and uncertainty in appointments at the posts.
Though the State Election Commissioner shall not be removed from their office except in the like manner and on line grounds as judges of the Supreme Court, the same had been diluted many times.
The non-uniformity in service conditions of State Election Commissions across the states due to vesting the power of deciding tenure and appointment of State Election Commissioners with the respective State legislature through their separate state acts. Such non-uniformity allows the state governments to in many cases amend rules unilaterally or even take route of ordinances to bypass legislative scrutiny and achieve their ulterior objectives.
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