The issue of who should or should not be appointed as Election Commissioner was once again discussed. The Supreme Court of the country clarified this.
Although the Election Commission is an independent body, we usually see situations where the person who is the Commissioner is in favor of some political party. It is against this backdrop that the dispute between the government and the Election Commissioner is arising. Or a clash is brewing between the Election Commissioner and the Opposition. The ever-unresolved issue in this context has now resurfaced. The debate began because of comments made by the Supreme Court.
The Supreme Court has clarified that the Central and State Governments should not appoint government employees as Election Commissioners. The Supreme Court has said that handing over additional responsibilities as a state election commissioner to a government employee is a mockery of the Constitution. The High Court has quashed the notification given by the Goa Commissioner in the municipal elections in Margao, Mapusa, Marmugova, Sangem, and Quepem. A bench of Justices Rohinton Foley Nariman, BR Gawai, and Hrishikesh Roy heard the petition filed by the Goa government challenging the High Court order. The High Court has directed that elections should not be held in 5 municipalities as wards are not allotted to women as per regulations. The Supreme Court upheld the High Court orders in these cases. At the same time, the Supreme Court made some key remarks.
The Supreme Court has directed that the independence of the Election Commission should not be compromised and that the Election Commissioners should be independent. No state can appoint an incumbent in the government as an election commissioner. The Supreme Court has held that it is a matter of inquiry whether a person working in the government is acting as the Election Commissioner in Goa. If the situation in Goa is like that, there is a constant atmosphere of conflict between the government and the Election Commissioner in Andhra Pradesh. The state government employees were directly appointed by the previous government as the Election Commissioners. There is a situation where the Supreme Court orders apply in the case of the appointment of AP Election Commissioner Nimmagadda Ramesh Kumar.