Appointing the Secretary of State as Election Commissioner is a mockery of the Constitution: Supreme Court

Appointing the Secretary of State as Election Commissioner is a mockery of...

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Appointing the Secretary of State as Election Commissioner is a mockery of the Constitution: Supreme Court

New Delhi: The Supreme Court gave an important decision on Friday in view of the elections. The Supreme Court in its important judgment said that no person associated with the Central or State Governments can be appointed as Election Commissioner. According to the court, the Election Commissioner should be an independent person. The Supreme Court has given this decision to give additional charge of the State Election Commissioner to the Secretary to the Government of Goa.

The Supreme Court said that the state election commissioner should be an independent person. It is against the constitution of India to appoint any person associated with the state government as election commissioner. The Supreme Court said that how can a person holding a post in the government be given the post of state election commissioner. The court said that the independence of the Election Commission cannot be compromised in the Goa government democracy. The apex court said that handing over the additional charge of state election commissioner to a government official in power is a mockery of the constitution.

A bench of Justices Rohinton F. Nariman and BR Gavai issued this instruction exercising their powers under Articles 142 and 144 of the Constitution. The bench said that the manner in which the post of State Election Commissioner has been given to the Secretary to the Government in Goa is quite disturbing. A public servant, who was in employment with the government, is in charge of the Election Commission in Goa. The government official tried to reverse the High Court verdict regarding holding panchayat elections.

The bench said that the Election Commissioners should be independent persons. The bench ordered that no such person would be appointed by the Central or State Government as Election Commissioner after this. The Goa government had appealed to the Supreme Court against the High Court order that quashed the elections for the five municipalities in the state. The Law Secretary was given additional charge as Goa Election Commissioner.

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