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STATE ELECTION COMMISSION - (RAS (RPSC))

State Election Commission

It is a Constitutional Commission. Provisions are in Article 243 K and 243 ZA of the Constitution.
Note: Provision for this commission is also made in Section-120 of the Rajasthan Panchayati Raj Act.
In The absence of the state election commission, the Secretary of the commission act as the commissioner.

It is a single-member commission – Its head is the State Election Commissioner.
Establishment Decision – Decision to establish the commission was taken on 17 June 1994.
Establishment of Commission – 1 July 1994.
First elections of local bodies were conducted by the commission in 1995.

Service Terms of Commissioner:

Qualification – Retired IAS who has 5 years of experience as Principal Secretary.
Appointment – The Commissioner is appointed by the Governor on the advice of the State Council of Ministers.
Tenure – 5 years or 65 years of age, whichever is earlier. (Until 2002, it was 6/65 years).
Note – The Commissioner cannot be reappointed.
Salary and Allowances – Equal to the State Chief Secretary (Charged on the State Consolidated Fund).
Oath – No provision.
Resignation – To the Governor.
Removal Process – By the President, similar to a Judge of the High Court.
Grounds for Removal –
1. Misconduct or Misbehavior
2. Incapacity
Annual Report of Commission – To the Governor.

Structure:

# Measures/Efforts for Autonomy and Independence of the Commission:

The Commission has been given Constitutional status. (Article 243 K - 243 ZA).
Transparent appointment process – By the Governor on the advice of the State Council of Ministers.
Stability of Tenure – 5 years or 65 years of age, whichever is earlier.
Complex removal process – Impeachment process
Salary/Allowances – From the State Consolidated Fund (Debate can happen on this, but not voting).
Ban on disadvantageous or negative changes in the service conditions of the Commissioner after appointment.

# Role & Functions of State Election Commission:

To conduct elections of local bodies (Panchayati Raj & Urban Bodies) in the state.
To declare the dates of elections for PRI (Panchayati Raj Institutions) & ULB (Urban Local Bodies).
Election organization, conduct, supervision, direction, and control are the most major functions of the EC.
Currently, the facility of Home Voting has been provided for specially-abled persons and the elderly.
To conduct the renewal of the Electoral Roll or Voter List.
To implement the Model Code of Conduct during elections.
To declare elections of local bodies.
To cancel or postpone elections.
To implement various reforms and innovations in elections.
1. Ex. Use of EVM, Photo voter list, Control on election expenditure.
To conduct by-elections of local bodies.
To provide advice to the State Delimitation Commission.
To submit the Annual Report to the Governor.
Distribution of election symbols and settlement of disputes related to election symbols.
The State Election Commission determines in which local body elections political parties will participate and in which they won't.

Note: In Gram Panchayat, no party has an election symbol.

# Criticism of State Election Commission:

Monopoly of the State Government in the appointment of the Commissioner.
Dependence of the Commission on the State Government for Human Resources (Employees).
The Annual Report of the Commission is a formal process (No discussion in the Assembly).
Vacant posts in State Election Commissioner, Secretary, and other employees in the Commission.
Only retired civil servants are appointed to the post of State Election Commissioner.
Unnecessary interference of the State Government in the Commission.
Lack of coordination between the State Election Commissioner and the Chief Election Officer.
Excessive workload while it is a single-member commission.
Failure to effectively implement the Model Code of Conduct.

# Suggestions / Way Forward:

According to the Second Administrative Reforms Commission, the appointment of the State Election Commissioner should be done on the recommendation of a committee.

Structure of the Committee:

(i) Chief Minister
(ii) Assembly Speaker
(iii) Leader of Opposition in the Assembly

Appointment of additional members should be done in the Commission.
- (Due to excessive workload).
There should be a separate secretariat in the state which provides assistance to SEC (State Election Commission) and CEO (Chief Election Officer) officers.
Effective implementation of the Model Code of Conduct should be done by the State Election Commissioner.
An institutional mechanism should be established to bring together the Election Commission of India and the State Election Commission so that both can share each other's experiences.
Permanent employees should be appointed in the Commission.
Unnecessary interference of the State Government should be reduced.
An independent person should be appointed as Election Commissioner instead of government or retired civil servants.

Chief Election Officer (CEO)

Current = Navin Mahajan (IAS)
Provision =Representation of the People Act 1951(Section 13A)

CEO conducts the following elections in Rajasthan:
1. MP (Member of Parliament)
2. MLA (Member of Legislative Assembly)
3. Presidential elections in the Assembly
4. elections for Rajya Sabha seats
Note: Praveen Gupta was the Chief Election Officer during the elections recently in Rajasthan)
Number of free symbols for Municipality Chairman: 40
- (Election Symbols)

NOTE: At the time of the First and Second Election Commissioners of Rajasthan, the tenure was 6/62 years, but later the Second Election Commissioner Nekram Bhasin sent a proposal to the government that it should be made 5/65 years. The government accepted this and made it effective from the time of the Third Election Commissioner.

STATE ELECTION COMMISSION