Re Legal

LAW OFFICE

 
Constitution of India

Person(s) to be appointed under Art. 243-K/Art. 243-ZA who may be appointed as State Election Commissioner to Panchayats and Municipalities

ByAdvocate Raji Nathani

All-State Election Commissioners appointed under Art. 243-K/Art. 243-ZA, held, have to be independent persons who cannot be persons who are occupying a post or office under the Central or any State Government. If there are any such persons holding such post of State Election Commissioner in any State, such persons must be asked forthwith to step down from such office and State Government concerned be bound to fulfil the constitutional mandate of Art. 243-K/Art. 243-ZA by appointing only independent persons to this high constitutional office.

[State of Goa v. Fouziya Imtiaz Shaikh, (2021) 8 SCC 401]

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By Advocate Raji Nathani

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