Consequent to 73rd and 74th amendments in the Constitution of India and in pursuance of provisions of Articles 243K read with 243ZA, Election Commissioners have been appointed in each State, and Union Territory for conducting elections to the Panchayats and local urban bodies. In this new set up, all elections to local bodies -and panchayats are to be conducted under the direct superintendence, direction and control of the respective State Election Commissioners. The Acts provide an obligation on the State Governments that funds, staff and all assistance shall have to be provided to the SECs in regard to conduct of elections as and when asked for by SECs.
In order to accomplish the mammoth task of elections the role of SEC involves mutatis mutandis the following.
- To ensure that elections to local bodies are conducted strictly as per provisions of election law, periodically i.e. before expiry of the present terms of the respective Houses without any interruption from any corner.
- To arrange and supervise the updating of electoral rolls, in order to ensure that the latest electoral rolls are utilized for elections.
- All elections are to be conducted freely, fairly and in peaceful manner.
- Political Parties and general voters are educated properly to participate in the elections with latest instructions/directions.
- That no nomination paper of a candidate is rejected due to lack of information provided by a candidate or by his proposers. For the purpose, all instructions and directions for conduct of elections are updated periodically and publicized through press media and exhibition of web site of the Commission.
- General voters are persuaded through public awareness campaign to utilize their right of franchise so that participation of public through voting is done to the maximum extent.
- To participate effectively in the delimitation of wards for the Corporations.
- To carry out Reservation of Wards as per relevant provisions of electoral laws.
- To act as a member of the Delimitation Commission for the purpose of delimitation of the Parliamentary and Assembly Constituencies of the respective State/UT.
- To ensure that the lists of polling stations for all the wards are prepared by R.O. on the basis of newly delimited wards.
- To arrange all election material/logistics/ services required for the election.
- To appoint Observers, DEOs, Returning Officers, Asstt. Returning Officers, Expenditure Observers, Sector Officers, Presiding officers, polling officers and other election personnel for polling stations of all wards.
- To liaison with MHA and Police Authorities to provide Central Police Forces to ensure peace and tranquillity and that no untoward incidence or interruption is caused during elections.
- To ensure proper and safe storage of polled material after close of poll.
- To ensure smooth counting of votes and declaration of results.
- Issue various directions to the concerned authorities for declaration of holidays for employees/workers to enable them to cast their votes.
- To enforce ban of liquor during three days of poll period.
- Enforcement of Model Code of Conduct for political parties and candidates.
- Enforcement of Prevention of Defacement of Property Act.
- Hold meetings with Distt. Administration and all other officers related to the conduct of elections, with political parties and all other State Authorities to ensure efficient and peaceful conduct of elections.
In a matter of Kishan Singh Tomar Vs the Municipal Corporation of Ahmedabad & Ors, the Hon’ble Supreme Court has held that Elections to local bodies and panchayats should be held as per provisions of the Constitution of India and the relevant election laws, even if the delimitation of wards is not done afresh by the Govt. and the electoral rolls are not updated. Elections should be held on the basis of last Delimitation Orders and on electoral rolls which are in force for the time being. In this context if the State Government does not cooperate positively, the SEC may approach the High Courts and if not succeeded, the Supreme Court of India for immediate remedial action. SEC is aware of responsibilities and roles and is always ready to accomplish the task of elections as envisaged in the Constitution and the relevant election laws.