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State Election Commission
Local-body Elections, Electoral Supervision & Independence
PART I — THE CONSTITUTIONAL MANDATE
ARTICLES 243K & 243ZA
Creation of the SEC
- The 73rd and 74th Amendments mandated the creation of a **State Election Commission (SEC)** for every State.
- **Article 243K:** Vests the power of conducting elections to the *Panchayats* in the SEC.
- **Article 243ZA:** Vests the power of conducting elections to the *Municipalities* in the SEC.
- The Commission consists of a **State Election Commissioner** appointed by the Governor.
SECURITY OF TENURE
Independence
HC
- To ensure free and fair local elections, the Constitution grants the SEC strict independence from the state government.
- **Removal:** The State Election Commissioner can only be removed from office in the *like manner and on the like grounds as a Judge of a High Court* (impeachment by Parliament).
- Conditions of service cannot be varied to the Commissioner's disadvantage after appointment.
PART II — FUNCTIONS & JURISDICTION
THE ELECTORAL ENGINE
Electoral Supervision
- **Primary Role:** The superintendence, direction, and control of the preparation of electoral rolls for all local bodies.
- It issues notifications for local body elections, enforces the Model Code of Conduct, and oversees the counting and declaration of results.
- In many states, the SEC is also entrusted with the complex task of **delimitation** (drawing boundaries) of wards/constituencies for local elections.
SEPARATE SPHERES
SEC vs ECI
- A common misconception is that the SEC works under the Election Commission of India (ECI).
- **They are entirely independent:** The SEC is *not* subordinate to the ECI.
- **Jurisdiction:** The ECI exclusively handles elections to the Parliament (Lok Sabha/Rajya Sabha), State Legislatures (MLAs/MLCs), and the offices of the President and Vice-President. The SEC exclusively handles Panchayats and Municipalities.