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Consider the following statements regarding the State Election Commission:

  1. The State Election Commissioner is appointed by the Governor.

  2. The tenure of the State Election Commissioner is 5 years or till age 65, whichever is earlier.

  3. The State Election Commissioner can be removed only on grounds and procedure similar to High Court Judges.

A1 and 2 only

B2 and 3 only

C1 and 3 only

DAll of the above

Answer:

D. All of the above

Read Explanation:

State Election Commission

  • Appointment of State Election Commissioner: The Governor of the respective state appoints the State Election Commissioner. This ensures a state-level authority for conducting local body elections.

  • Tenure of Office: The term of office for a State Election Commissioner is typically fixed, often for a period of five years or until they attain the age of 65 years, whichever comes first. However, specific tenures can vary slightly based on state-specific laws.

  • Removal from Office: The removal process for a State Election Commissioner is stringent and similar to that of a Judge of a High Court. This means they can only be removed on grounds of proven misbehavior or incapacity, through an address by each House of the State Legislature, passed by a special majority. This provision ensures the independence and impartiality of the office.

  • Constitutional and Statutory Basis: While the Election Commission of India is a constitutional body under Article 324, State Election Commissions are established by state legislatures under Part IX (for Panchayats) and Part IX-A (for Municipalities) of the Constitution, as mandated by Articles 243K and 243ZA respectively.

  • Functions: State Election Commissions are responsible for conducting elections to Panchayats and Municipalities within their respective states. This includes preparing electoral rolls, delimitation of wards, and notifying election schedules.

  • Independence: The provisions for appointment, tenure, and removal are designed to safeguard the independence of the State Election Commissioners from executive influence, ensuring fair conduct of local elections.


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