Context: Recently, the Andhra Pradesh High Court has struck down the Andhra Pradesh Panchayat Raj Ordinance and the consequential Government orders.
Issue

• The Andhra Pradesh government through its ordinance and government Orders had cut short the term of the State Election Commissioner (SEC) from five to three years, resulting in the expulsion of the standing EC from the post.
• The ordinance also confers powers to the district collectors to disqualify and punish candidates any time after being elected to the local bodies.

Appointment of new SEC:

• The court observed that the appointment was made in accordance with Section 200 of the Andhra Pradesh Panchayat Raj Act, 1994, instead of Article 243K(1) of the Constitution.
• The court has asked the State government to revisit certain provisions of Section 200 of the Panchayat Raj Act and take a decision in accordance with the spirit of the Constitution as expeditiously as possible.

Termination of the tenure of the previous SEC:

• The HC noted that an ordinance could not take away the right of the previous SEC without the completion of the tenure (five years) for which he was appointed.
• The court has held that this was actuated by fraud on the power of the Constitution and did not pass the test of rationality under Article 14.

Why HC struck down the ordinance and government’s order?

• The power conferred under Article 213 of the Constitution to promulgate ordinances was not an absolute entrustment, but was conditional on the satisfaction that the circumstances existed for such an action. 
• The impugned ordinance was in violation of Article 243-K, which states that a SEC could not be removed, except in the same manner as provided for a High Court judge.

About the State Election Commission

• The Constitution of India vests in the State Election Commission, consisting of a State Election Commissioner, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to the Panchayats and the Municipalities (Articles 243K, 243ZA).

Appointment

• The State Election Commissioner is appointed by the Governor.
• As per article 243(C3) the Governor, 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 SEC by clause (1).

Similarities between Election commission and State election commissions

• The provisions of Article 243K of the Constitution, which provides for setting up of SECs, are almost identical to those of Article 324 related to the EC.
• The SECs enjoy the same status as the EC.
• The removal of a Chief Election Commissioner, the State Election Commissioner can only be removed via impeachment.
• In 2006, the Supreme Court emphasised the two constitutional authorities enjoy the same powers.
• In Kishan Singh Tomar vs Municipal Corporation of the City of Ahmedabad, the Supreme Court directed that state governments should abide by orders of the SECs during the conduct of the panchayat and municipal elections, just like they follow the instructions of the EC during Assembly and Parliament polls.

Courts can't interfere

• Article 243-O of the Constitution bars interference in poll matters set in motion by the SECs. Article 329 bars interference in such matters set in motion by the EC.
• Only after the polls are over can the SECs decisions or conduct be questioned through an election petition. This powers enjoyed by the SECs are the same as those by the EC.

Differences between EC and SEC

• Older: EC was setup in 1950 .SEC’s were appointed in each state more than four decades after the EC was set up
• Appointment: The President appoints the members of the EC while the members of SEC are appointed by the respective state governors. 
• Responsibilities: The EC is charged with the responsibility of conducting polls to the offices of the President and Vice President of India, to Parliament, and to the state Assemblies. While the SECs supervise municipal and panchayat elections in that particular state.

They are independent of each other and draw powers from different laws:-

• The SEC in Bengal draws it powers from the West Bengal State Election Commission Act, 1994.
• It has nothing to do with the Representation of the People Act, which lays down the EC’s powers.
• Each SEC is governed by a separate state Act.