EC’s independence is sacrosanct, no government employee can head commission: SC | India News
NEW DELHI: At a time when the West Bengal government is accusing the state Electoral Commission (EC) of bias, the Supreme Court said Friday that the independence of the Electoral Commissions is sacrosanct under the Constitution and that no government can nor even grant additional charges to the State. Election Commission to a bureaucrat serving under the government.
A bank headed by Judge RF Nariman while criticizing the Goan government for giving the secretary of law the additional charge of state EC, who also faced flogging for trying to overreach in the HC in a case related to the SC / seat reservation OBC and Women in Elections, said “From now on, all state electoral commissions will be headed by independent persons who do not hold any position under the state government. If they hold such a position, they must resign before taking office.” .
The court said it was dismayed to discover that the law secretary, who was in charge of the EC, tried to go overboard in hearing petitions challenging the reservation of seats in the zilla panchayat elections and “mocked the constitutional mandate to the independence of the EC “.
The Goa zilla panchayat elections were to be held in February last year. However, with the case traveling from HC to SC, it will now take place before April 30, the bank ordered.
The court called the attorney general’s attempts to overreach the HC by issuing a lightning-fast notice as the most disturbing feature of the case. This caused the SC to use its powers under Article 142 of the Constitution to issue an order for all of India prohibiting the appointment (or giving an additional position) of a bureaucrat in service as a state CE.