Govt officers can’t be made SECs, says SC

The Supreme Court Friday dominated {that a} authorities official can’t be appointed State Election Commissioner.
Independence of election commissions can’t be compromised in a democracy, and entrusting further cost of state election commissioner to a authorities official is a “mockery of the Constitution”, a bench headed by Justice R F Nariman mentioned whereas deciding an enchantment filed by the Goa authorities in opposition to the excessive courtroom ruling on native physique elections within the state.
The Supreme Court disapproved the choice of the Goa authorities to provide its Law Secretary the extra cost of State Election Commissioner for conducting municipal council polls.
The bench, exercising powers underneath Article 142 — which empower the courtroom to train its energy to do full justice –, directed all states and Union Territories to henceforth be sure that they’ve impartial election commissioners as mandated by Article 243(2) of the Constitution.
The courtroom additionally requested the Goa ballot physique to problem notification for the panchayat polls inside 10 days and full the ballot course of by April 30.
The Goa bench of Bombay High Court had struck down the reservation of wards on the bottom that the reservation of wards for ladies, SC and ST was not carried out in accordance with provisions of the Goa Municipalities Act.
Though the state contended that the excessive courtroom couldn’t have interfered with the election course of, the Supreme Court mentioned what was challenged was a step previous to the elections and never the elections itself.
Responding to the ruling, Goa Chief Minister Pramod Sawant mentioned, “We accept the decision of the Supreme Court. Whatever mistakes have been made at the level of the Directorate of the Municipal Administration will be rectified.”
Advocate General of Goa Devidas Pangam mentioned that the polls scheduled within the 5 municipalities on March 21 will not happen. “We accept the decision of the Supreme Court with humility and respect. A fresh notification will be issued and a new election schedule will be announced by the State Election Commission,” mentioned Pangam. He additionally mentioned that the federal government will instantly appoint a full-time State Election Commissioner.
The Congress and the Goa Forward Party had been among the many petitioners within the clutch of petitions first filed within the excessive courtroom after which challenged by the Goa authorities within the apex courtroom.
State Congress president Girish Chodankar mentioned, “The BJP stands exposed of its unconstitutional, undemocratic & dictatorial functioning in Goa.” Chodankar mentioned Prime Minister Narendra Modi who “speaks about protecting morals, governance and democracy” ought to instantly ask Sawant to step down. He mentioned Sawant, Urban Development minister Nilesh Naik and authorities officers involved needs to be punished.
Goa Forward Party president Vijai Sardesai mentioned the Chief Minister had “defied Indian Constitution and strangled democracy”. “It’sno more about resigning as Goa CM, he has no moral right to remain in public life,” Sardesai mentioned.