Q. Consider the following statements:
1. State Election Commissioner can be removed in the same manner and on the same grounds as Judge of a High Court.
2. The State Legislatures holds no power to legislate on any matter relating to elections to Panchayats. Which of the statements given above is/are correct?
Exp) Option a is the correct answer.
The Constitution of India under Article 324 has specifically provided for an independent Election Commission to conduct elections of the President and Vice-president of India; and elections for the Lok Sabha, Rajya Sabha, Vidhan Sabha and Vidhan Parishad. After the 73rd and 74th Constitutional Amendments, a provision was made to setup a State Election Commission (SEC), to carry out activities related to supervision, direction and control of elections to the local bodies-Panchayats and Municipalities.
Statement 1 is correct. The State Election Commissioner shall not be removed from his office except in like manner and on the like ground as a Judge of a High Court. Also, the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.
Statement 2 is incorrect. Article 243 ZA with Article 243 K provides that the control relating to conduct of all elections of Panchayats and Municipalities is to be the responsibility of the SEC. The Legislature of a State may, by law, make provision with respect to all matters relating to the elections to the Panchayats.
