SECM says its role is independent of state government

In a bid to clear doubts, misconceptions among elected representatives and political parties about its role and clarify on a political party’s habit of ‘taken to be granted’, the State Election Commission of Maharashtra (SECM) pointed out that it is independent of the state government. SECM further warned that the state government is duty-bound to obey the directives of the SECM and if needed it can seek redressal against the state in a court of law.

The SECM issued a detailed statement about its role, duties and jurisdiction through a letter date October 30, 2015. The SECM in its letter apprised the elected representatives about the distinct separate identity of itself with that of the ECI. It pointed out that the ECI is entrusted with the task of conducting Lok Sabha, Rajya Sabha, Assembly, Legislative Council and election to President of India. The SECM is entrusted with the task of holding elections to local self-governing bodies in the state.

It added that although the jurisdictions of both the bodies are different, their powers are identical. It pointed out that the SECM is independent of the state government. The stature of the post of Election Commissioner of SECM is equivalent to that of the Chief Election Commissioner of ECI.

The ECI pointed out that the constitutional scheme envisages a healthy respect for each other's powers and functions among all constitutional authorities.

The issue of the powers of SECM was raised when the election process was started to conduct polls to Kalyan-Dombivali civic body and the state government decided to delete 27 villages from the KDMC municipal jurisdiction.

The SECM disallowed government's decision and completed the process of civic election.A senior official from the State election commission on condition of anonymity said, “Many times, the SECM is taken as granted by political parties and leaders. They should know the status and power of the election commission. It is the duty of government to obey the directives of the SECM.”

The process of making the voters’ list is continuous process. But when state proposes to make new municipal council or corporation, the wards and reservation of wards are changed. Ultimately, the SECM has to make changes according to that. But it’s time consuming process and hence, the state should take a decision to form a new municipal council or corporation, at least six month before the elections due in the local body, he added.