Q. Consider the following statements regarding the ‘State Election Commission’ (SEC):
1. The tenure of the State Election Commissioner varies from State to State.
2. An election petition related to local body polls must be compulsorily submitted to SEC.
3. It operates under the supervision and control of Election Commission of India.
Which of the statements given above is/are correct?
Exp) Option b is the correct answer.
Statement 1 is correct. State Election Commission consists of a state election commissioner to be appointed by the governor. His conditions of service and tenure of office shall be determined by the governor of the state concerned. Thus, his tenure varies from state to state.
Statement 2 is incorrect. The Constitution lays down that no election to any panchayat or municipality is to be questioned except by an election petition presented to such authority and in such manner as provided by the state legislature.
Statement 3 is incorrect. State Election Commission and Election Commission of India operate independently. Although the two authorities have a similar mandate, they are independent of each other and draw powers from different laws.
