New Delhi, Mar 12 (UNI) The Supreme Court on Friday said that a person serving state or central government cannot be appointed as Election Commissioner (EC) as it sacrifices independence of the election and makes a mockery of law.
A bench of Justices Rohinton F Nariman and BR Gavai gave the verdict in a case related to Goa where law secretary was given the charge as State Election Commissioner for conducting municipal elections.
The bench observed that independent persons, who does not hold an office of profit under the central or any state government, could be appointed as ECs.
”The independence of the election commission cannot be compromised in a democracy. Entrusting additional charge of state election commissioner to a government official is a mockery of the Constitution,” the Top Court said.
The Goa government had moved the Supreme Court to challenge High Court order cancelling elections to five municipalities in the state for not reserving the wards for women as per the law.
However, the Apex Court upheld the High Court order.
