Under the constitutional mandate, it is the duty of the State to not interfere with the functioning of the state Election Commission: Supreme Court
“Giving government employees the additional charge of State Election Commissioners is a “mockery of the Constitution.”: Justice Rohinton F. Nariman
SC Direction to all States:
All along the length & breadth of the country, States should appoint independent persons as Election commissioners.
Bureaucrats should Resign:
It said government employees holding the post of State Election Commissioners as additional charge should give up the post.
The independence of Election Commissions cannot be compromised at any cost, the Bench said, adding that it was “disturbing” to see government employees manning State Election Commissions as an addon job.
Criticism on Goa Government:
The judgment criticized the Goa government for giving its Law Secretary the additional charge of State Election Commissioner.
The judgment came on an appeal against an order of the Bombay High Court which had set aside the election notification issued by the Goa State Election Commission in the municipalities of Margao, Mapusa, Mormugao, Sanguem and Quepem.
The Supreme Court ordered the Goa State Election Commission to issue a notification for panchayat polls within 10 days and complete the election process by April 30.
Information Source: The Hindu