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CS Professional · CSR and Social Governance · Local Self Governance

A State legislature passes a law stating that the State Government itself will appoint the officer who supervises and conducts all municipal elections, and that this officer may be a serving Secretary of the Urban Development Department. A resident challenges this. Under Part IXA, which view is correct?

The law is invalid. Part IXA places superintendence, direction and control of municipal electoral rolls and elections in the State Election Commission, headed by a State Election Commissioner. It is not left to a government department officer, and the Election Commission of India does not conduct municipal elections.

  1. AThe law is valid, as municipal elections are a State subject handled by the Government
  2. BThe law is invalid, because superintendence, direction and control of municipal elections vest in the State Election Commission, headed by a State Election CommissionerCorrect
  3. CThe law is valid only if the Governor countersigns the appointment
  4. DThe law is invalid, because municipal elections must be conducted by the Election Commission of India

Explanation

Article 243ZA vests the superintendence, direction and control of the preparation of electoral rolls and the conduct of all municipal elections in the State Election Commission. The State Election Commissioner is appointed by the Governor, but the Commission is independent of the executive in function. Election Commission of India does not conduct these elections, so that option is wrong.

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