Govt. employees should immediately step down as SEC: SC


The judgment comes after a complaint against the Goa government for giving an additional charge as SEC to its own Law Secretary.


The Supreme Court of India on Friday directed that all the government employees including bureaucrats, who are holding additional charges as State Election Commissioner (SEC) immediately should step down.


Hearing the case of the State of Goa and others v Fouzia Imtiaz Shaik, three judges bench comprising Justice RF Nariman, BR Gavai, and Hrishikesh Roy observed that all State Election Commissioner appointed under Article 243k in the length and breadth of India must be an independent person. The appointed person must not occupy any post under the central government or any state government. The SC directed that the appointed person must fulfill the constitutional mandate of Article 243k.


Exercising of power under Article 142 of the Indian Constitution, Supreme Court announced the 96-page judgement.


The judgment comes after a complaint against the Goa government for giving an additional charge as SEC to its own Law Secretary.


The bench passed this judgment after observing that the State of Goa "made a mockery of the constitutional mandate " by giving an additional charge of SEC to its own Law Secretary. The SC also added that appointing officers for an independent SEC is a " disturbing feature".