Appointing Government Official as Election Commissioner—'Mockery of the Constitution': Supreme Court

On Friday, the Supreme Court ruled that the Central and State governments should not appoint persons holding Government office as Election Commissioners. It stated that entrusting additional charge of State Election Commissioner to a Government official is a 'mockery of the Constitution'.

The Judgment came on an appeal against an order of the Bombay High Court. The court in its order had set aside the election notification issued by the Goa State Election Commission in Margao, Mapusa, Mormugao, Sanguem and Quepem municipalities. A direction was given to all states to comply with the constitutional scheme of independent State Election Commission if they are in default by the top court.

The State Election Commission was allowed by the High Court to continue the election process in other municipalities while disallowing the same in five municipalities for not reserving the wards for women as required by the law.

A Government servant while being in employment with the government, was in charge of election in Goa is a disturbing feature, held the Supreme Court today. Further, it observed that an officer of the government attempted to overrule the High Court decision with regard to holding Panchayat polls.

The bench of Justices Rohinton Fali Nariman, BR Gavai and Hrishikesh Roy upholding the High Court judgment emphasized that the independence of the Election Commission cannot be compromised. The State Election Commissioners have to be independent persons. The Court also added that none of the States can appoint a person who holds any office with the government as an Election Commissioner. 

“All states and territories in India shall henceforth ensure that it has an Independent State Election Commissioner as mandated under Article 243(4) of Constitution,” said Justice Rohinton Fali Nariman. (Quote source LiveLaw.in)