Question

Consider the following statements:

(a) To ensure the independence of the State Election Commission, it is laid down that State Election Commissioner can be removed only in the same manner and on the same grounds as a Judge of the High Court.

(b) As under Article 329, High Courts have the jurisdiction to examine the validity of a law, relating to the delimitation of the constituency or the allotments of seats, made under Article 243 K.

1. Statement (a) is correct.
2. Statement (b) is correct.
3. Both the statements are correct.
4. Both the statements are false.

Answer 1

Correct Answer - Option 1 : Statement (a) is correct.

The correct answer is Statement (a) is correct.

• State Election Commission 243k:
  • ​State Election Commission The superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the panchayats shall be vested in the state election commission.
  • It consists of a state election commissioner to be appointed by the governor.
  • His conditions of service and tenure of office shall also be determined by the governor.
  • He shall not be removed from the office except in the manner and on the grounds prescribed for the removal of a judge of the state high court. Hence, (a) is correct.
  • His conditions of service shall not be varied to his disadvantage after his appointment.
  • The state legislature may make provision with respect to all matters relating to elections to the panchayats.