[feb] SEC,HC & Minister

Question 1

Context?

Answer 1

Andhra Pradesh State Election Commissioner (SEC) had ordered that Minister Reddy be confined to his residence to prevent him from vitiating the process of gram panchayat elections.

However, this order has been struck down by the High Court.

Question 2

Powers of the State Election Commissioner in this regard?

Answer 2

• SEC, in its order, said it was invoking its plenary powers under Article 243K of the Constitution and directing the DGP to “confine” the Minister to his residential premises until the completion of the local/gram panchayat elections.
• The Constitution of India vests in the State Election Commission, consisting of a State Election Commissioner, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to the Panchayats and the Municipalities (Articles 243K, 243ZA).

The State Election Commissioner is appointed by the Governor.

As per article 243(C3) the Governor, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the SEC.

-The provisions of Article 243K of the Constitution, which provides for setting up of SECs, are almost identical to those of Article 324 related to the EC. In other words, the SECs enjoy the same status as the EC.

Question 3

How far can courts intervene?

Answer 3

Courts cannot interfere in the conduct of polls to local bodies and self-government institutions once the electoral process has been set in motion.

Article 243-O of the Constitution bars interference in poll matters set in motion by the SECs; Article 329 bars interference in such matters set in motion by the EC.

Only after the polls are over can the SECs’ decisions or conduct be questioned through an election petition.