Govt. employees cannot be Election Commissioners : SC

The case of giving charge of the Election commissioner to a Government officer

New Delhi – The Supreme Court on 12^th March said entrusting additional charge of State Election Commissioner to a Government official resulted in mockery of the Constitution and ordered the Goa Government to appoint an independent Election Commissioner. The Goa Government had given additional charge of State Election Commissioner to the State’s Law Secretary.

SC also directed all State Election Commissioners in the country, who currently hold additional charge, to step down immediately, stating that a Government employee or bureaucrat cannot be appointed as Election Commissioner.

A Bench of Justices Rohinton Fali Nariman, BR Gavai and Hrishikesh Roy, was hearing an appeal by the Goa Government against an order of the Bombay High Court which had issued a stay on certain Municipal election notifications issued by the Goa State Election Commission.

The Apex Court upheld the High Court order regarding Municipal reservations and directed the State Government to notify reservations for the Municipalities. It also directed the State Election Commission to complete the election process by 30^th April.