Govt Officials Can't Be Appointed Election Commissioner, Supreme Court Rebukes Goa Govt

The apex court, which made the judgement on hearing a case involving the civic body elections in Goa, took strong note of the fact that Goa Government has given its Law Secretary the additional charge of State Election Commissioner.

Supreme Court of India | File Image

Asserting the “independence” of the Election Commission cannot be compromised in a democracy, the Supreme Court on Friday ruled that a government official cannot work as the Election Commissioner.

The apex court, which made the judgement on hearing a case involving the civic body elections in Goa, took strong note of the fact that the Goa Government has given its Law Secretary the additional charge of State Election Commissioner.

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Calling it “a disturbing feature that a government servant, while being in employment with the government, was in charge of the Election Commission in Goa”, Justice Rohinton Fali Nariman, who led the three-judge bench hearing the case, said: “Entrusting additional charge of State Election Commissioner to a government official in power is a mockery of the Constitution.”

Under the Constitutional mandate, it is the duty of the state to not interfere with the functioning of the state election commission, the bench held in its judgement delivered on the appeal of the state government.

Noting the officer attempted to overrule the High Court's decision on the polls, the apex court directed the Goa state election body to issue the notification for the panchayat polls within 10 days from today and complete the process by April 30.

(With inputs from Nipun Sehgal)