Previous Year Question

Under Article 243K(1) of the Constitution, the superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the Panchayats are vested in the State Election Commission.

The State Election Commission consists of a State Election Commissioner, who is appointed by the Governor. The important distinction is that the Governor appoints the Commissioner, but the constitutional superintendence of Panchayat elections is not vested in the Governor personally.

To protect the independence of the State Election Commissioner, the Constitution provides that the Commissioner can be removed only in the same manner and on the same grounds as a Judge of a High Court. The conditions of service cannot be varied to the Commissioner's disadvantage after appointment.

The Election Commission of India and the State Election Commission have different jurisdictions. Under Article 324, the Election Commission of India deals with elections to Parliament, State Legislatures and the offices of President and Vice-President, whereas Panchayat elections fall under the State Election Commission through Article 243K.

An important related fact is that the superintendence, direction and control of elections to Municipalities are also vested in the same State Election Commission under Article 243ZA. Thus, the State Election Commission is the key constitutional authority for elections to both Panchayats and Municipalities.