Constitution Section 243K — Elections to the Panchayats

Part IX — THE PANCHAYATS

Constitutional

Summary

A State Election Commission, led by a State Election Commissioner appointed by the Governor, is responsible for overseeing and conducting all Panchayat elections, including preparing voter lists. The Governor sets the Commissioner's job terms and tenure, but the Commissioner can only be removed from office in the same way and for the same reasons as a High Court judge, and their job conditions cannot be made worse after appointment. When the Commission asks, the Governor must provide the necessary staff for its election duties. State legislatures can make laws on all matters related to Panchayat elections, as long as those laws follow the Constitution.

Official Text

(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.

(2) Subject to the provisions of any law made by the Legislature of a State, the conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine:Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.

(3) The Governor of a State shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by clause (1).

(4) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Panchayats.