Puducherry

Now, Puducherry CM quashes Lt. Governor’s order

V. Narayanasamy

V. Narayanasamy  

One of the key provisions cited in the Chief Minister’s order is Article 243K (Elections to the Panchayats)

Chief Minister V. Narayanasamy has set out the grounds on which the Lt. Governor’s order on State Election Commissioner was declared illegal and void.

One of the key provisions cited in the Chief Minister’s order is Article 243K (Elections to the Panchayats), stipulates that 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.

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 he removed from his office except in like manner and on the like ground 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”.

Another relevant provision the order cited was Article 243L- Application to Union Territories which states: The provisions of this Part shall apply to the Union territories and shall, in their application to a Union Territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union Territory appointed under 239 and references to the Legislature or the Legislative Assembly of a State were references, in relation to a Union Territory having a Legislative Assembly, to that Legislative Assembly”.

The order refers to Article 243-ZB, “Application to Union Territories” that states “the provisions of this Part shall apply to the Union Territories and shall, in their application to a Union Territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union Territory appointed under Article 239 and reference to the Legislature or the Legislative Assembly of a State were references in relation to a Union Territory having a Legislative Assembly, to that Legislative Assembly. Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union Territory or part thereof subject to such exceptions and modifications as he may specify in the notification”.

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Printable version | Feb 28, 2020 4:19:05 AM | https://www.thehindu.com/news/cities/puducherry/provisions-under-which-cm-quashed-l-gs-order/article30488681.ece

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