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Uttarakhand State Election Commission :
Right from the Vedic Ages to modern times there have been the references to Panchayats and they have played a vital role in the local Self-Governing institutions. Mahatma Gandhi's dream that every village should be a republic having powers of self-governance has been adopted in Article 40 of the Constitution of India as a Directive Principle of State Policy. It provides that "State shall take steps to organize Village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self government."
For this purpose, the programme of Community Development through people's participation and state aid was introduced on 2nd October 1952. On the basis of Shri Balwant Rai Mehta committee in 1959 the concept of democratic decentralization was adopted and a three tier system of Panchayats was introduced. In course of time the Panchayati Raj Institution and also the urban local bodies, started failing in the responsibilities devolved on them, owing to the paucity of funds and delay in the conduct of timely election to such bodies. Different Committees recommended that constitutional status should be accorded to Panchayati Raj and Local Bodies institutions and the election to these institutions be conducted by separate Election Commission. Consequently, 73rd and 74th amendments come in effect in year 1993.
By these two amendments, the Constitution of India conferred constitutional status to these institutions of local self government both in the rural and urban areas. Now, regular elections to these Institutions after five years are ensured under State Election Commission through the provisions of Articles 243E and 243U of the Constitution.
After the formation of State of Uttarakhand on 9th November, 2000, the State Election Commission, Uttarakhand was constituted on 30th July, 2001 under the provision of Article 243 K of the Constitution of India. Since the Government of Uttarakhand has not made its own acts and rules for the functioning of Rural and Urban local bodies yet, it has adopted all the acts and rules prevalent in the State of U.P.
Under the provision of Article 243-K and 243 ZA of the constitution of India and other relevant acts and rules the election of Panchayats and local bodies in Uttarakhand are conducted in the superintendence, direction and control of State Election Commission, Uttarakhand.
Powers of election commission :
Power To Superintendent, Direct And Control : The Election Commission has got the power to conduct electrol rolls for all the elections of Parliament, State Legislature, Offices of President and Vice President. The Election Commission has the power of Superintendence, Direction and control over the preparation of the electrol rolls. The power of Superintendence, Direction and control which is vested in the Election Commission under Article 324(1) of the Indian Constitution are subject to the laws made by Parliament under Article 327 and it is also subject to the laws made by State Legislature under Article 328 of the Constitution.
Power To Order Re-Poll : Article 324 confers on the Election Commission not only the power to conduct elections but also the power to order a fresh poll. The order for re-poll may be given if there is hooliganism, breakdown of law and order at the time of polling or during counting of votes.
Power To Allot Symbols : The Election Commission is empowered by the rule 5(1) of the rules made by the Central Government under Representation Of People's Act, 1951 to specify the symbols to the candidates for elections.
Power To Postpone The Elections : In the case Digvijay Mote v. Union Of India the Supreme Court has ruled that if there is any kind of disturbing situations going on in a state or in any part of the state which is preventing the conduction of free and fair elections, then the Election Commission has got the power to postpone the elections.
Power To Issues Budgets And Expenses :The budgets of the formers Secretariat, which is liable for an independent budget is finalised by the Union Finance Ministery and Election Commission. Union Finance Ministry generally uphelds the recommendation made by the Election Commission. The expenses of the elections should be taken care by the concerned states and the Union territories but it is the Union Government who bears the expenses of Lok Sabha elections entirely, in case of the legislative assembly elections, the concerned state bears the expenses.
Power To Disqualify The Candidates : The power of post election disqualification of sitting members of the Parliament and State Legislature has been vested within the Election Commission. In the case where the person is found guilty of corrupt practices at elections that come before High Court or Supreme Court are also referred to the Election Commission for its opinion regarding whether such person shall be disqualified and it so, for what reason. The opinion of the Commission is binding on the President or as the case may be, the Governor to whom such opinion is tendered. The imposed disqualification on the candidate may be removed or reduced by the Election Commission.
Decriminalization Of Politics : Election Commission is seriously concerned about the existing criminalization in politics. In order to curb the criminal activities in politics it has taken variety of initiatives which are as follows;
Model Code Of Conduct : Election Commission in every election prescribes the model code of conduct for both political parties and the candidates which deals with the manner in which the political parties and the candidates should conduct themselves during elections in order to push forward free and fair elections. The Commission has also issued an order under Article 324, which says that each candidate mush issues an affidavit which includes the information regarding his/her criminal antecedent, assets as well as the qualification at the time of filing his/her nomination papers.
Limiting The Poll Expense : India has already experienced many elections where there has been vulgar show of money during elections. In order to get rid of such activities, the Election Commission has issued limit on the amount that can be spent by a candidate during the election campaign. Election Commission also appoints expenditure observers to keep an eye on the expenses incurred by the candidates during election campaign.
Functions of Election Commission :
Primary Functions : The primary function of the Election Commission which is entrusted by the Constitution is superintendence, direction and control of the preparation of the electrol rolls for and conduct of the elections to Parliament and to the legislature of every state and also of the elections to the offices of the President and Vice President of India.
Other primary functions of Election Commission includes demarcation of constituencies, preperation of electrol rolls, arranging sufficient staff for smoothly conducting the elections, conduction of polls, briefings the details of elections to media etc.
Quasi Judicial Functions :
All political parties wishing to contest in the elections must register themselves with the Election Commission. Such function of registration of political parties by the Election Commission has been held by the Supreme Court as quasi judicial function of the commission. The Supreme Court also held that in merger disputes between two political parties, the Election Commission exercises the judicial power of state and against whose decision an appeal shall straight away lie to Supreme Court under appellate jurisdiction under Art. 136.
In year 2008 for the first time the State Election Commission, Uttarakhand introduced EVMs in Dehradun Nagar Nigam (Municipal Corporation) Elections and succeeded in conducting free, fair and peaceful poll. For the first time in the elections of local bodies and three tier panchayats in the state, the election result were successfully displayed on internet directly from vote-counting centres.
By: Pooja Sharda ProfileResourcesReport error
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