Previous Year Question

Under Article 243K(1), 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. Therefore, the constitutional election authority for Panchayat elections is the State Election Commission.

The State Election Commission consists of a State Election Commissioner, who is appointed by the Governor. It should be noted that the Governor appoints the Commissioner, but Panchayat elections are not themselves conducted by the Governor.

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

The State Legislature may make laws concerning matters connected with Panchayat elections, but the actual superintendence, direction and control of elections are not vested in the Legislature. Article 243K makes this distinction clear.

It is important to distinguish the Election Commission of India (ECI) from the State Election Commission (SEC). Panchayat elections fall under the SEC, while elections such as those to Parliament and State Legislatures operate under a different constitutional election framework.

An important related fact is that elections to Municipalities are also vested in the same State Election Commission under Article 243ZA referred to in Article 243K. Thus, elections to both rural and urban local bodies fall within the constitutional domain of the SEC.