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Election commissioners in any state must be independent persons, not appointed by governments: SC

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The Supreme Court today said, Election commissioners in any state must be independent persons and not appointed by the state government. The Apex Court was hearing a case involving civic body elections in Goa. It also rebuked the Goa government for appointing its law secretary as state election commissioner to oversee municipal council polls, which were to be held in February last year.

Justice Rohinton Fali Nariman, who led the three-judge bench hearing the case, observed that the independence of election commission cannot be compromised in a democracy. Entrusting additional charge of State Election Commissioner to a government official in power is a mockery of the constitution, the Court observed . The court ordered that the polls be held before April 30.

The Supreme Court was hearing the Goa government’s challenge to a High Court order cancelling elections to five municipalities — Margao, Mapusa, Mormugao, Sanguem and Quepem — for not reserving seats for women. The order was put on hold by the top court in the previous hearing.

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