In a crucial ruling, the Supreme Court has said State election commissioners have to be ‘independent persons’ not occupying a post under the Centre or State governments. It termed the Goa government’s move to give its Law Secretary the additional charge of the SEC a ‘mockery’ of constitutional mandate.
The apex court also directed if there were any such persons holding the post of SEC in any other State, such persons must be asked forthwith to step down from such office and the State Government concerned be bound to fulfil the constitutional mandate of Article 243K by appointing only independent persons to this high constitutional office.
Headed by Justice R F Nariman, a three-judge bench issued the direction to all States and Union territories while taking recourse of its extraordinary powers under Article 142 of the Constitution that empowers it to pass any order in the interest of justice.
The observations and directions were given in the 96-page judgement, penned by Justice Nariman, on a batch of pleas relating to the urban local body polls in Goa. The directions were issued to ensure that the constitutional mandate of an independent State Election Commission to conduct elections is strictly followed in the future. As they say, Caesar’s wife must be above suspicion.