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The state election commission files writ in High court for release of funds in Andra Pradesh

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  • Categories
    Polity & Governance
  • Published
    23rd Oct, 2020
  • The State Election Commission (SEC)has filed a writ petition in the High Court seeking a direction to the government to provide budget and release funds as and when a request is made by it for conducting elections.
  • The SEC also prayed for assistance from the government in holding the civic polls.
  • The Constitution of India vests in the State Election Commission,consisting of a State Election Commissioner, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to the Panchayats and the Municipalities (Articles 243K, 243ZA).
  • As per article 243(C3)the Governor, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the SEC.
  • The provisions of Article 243K of the Constitution, which provides for setting up of SECs, are almost similar to those of Article 324related to the EC.
  • In Kishan Singh Tomarvs Municipal Corporation of the City of Ahmedabad case,the Supreme Court directed that state governments should abide by orders of the SECs during the conduct of the panchayat and municipal elections, just like they follow the instructions of the EC during Assembly and Parliament polls.
  • Only after the polls are over can the SECs’ decisions or conduct be questioned through an election petition.

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