Shyamal Kumar Sen, C.J. - (1.) Heard learned advocates for the parties.
(2.) In the instant writ petition, the petitioner has challenged the notification issued by the State Election Commissioner on October 23, 1998 being Annexure-1 to the writ petition and the amendment thereto made on April 26, 2000, being Anncxure-2 to the writ petition. Grievance of the writ petitioner is that the State Election Commissioner did not issue correctly notification for registration of political parties for holding election. The State Election Commissioner, for the purpose of holding Municipal election has issued notification for the purpose of registration of the political parties, which according to the petitioner goes contrary to the principles laid down in the Constitution, since the Constitution contemplates participation of political parties in the election to the Central Legislature and the State Legislature. It is the contention of the learned counsel for the petitioner that the Constitution does not contemplate Municipal election to be contested by political parties and as such, the notification goes against the spirit of the Constitution. It is further submitted that there is basic difference between the Election Commission of India and the State Election Commission. So far as Election Commission of India is concerned, Article 324 of the Constitution provides for the same, which is quoted below : "324. Superintendence, direction and control of elections to be vested in an Election Commission.--(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections of the offices of President and Vice President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission). (2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President. (3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission. (4) Before each general election to the House of the People and to the Legislative Assembly of each State, and before the first general election and thereafter before each biennial election of the Legislative Council of each State having such council, the President may also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the functions conferred on the Commission by clause (1). (5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine : Provided that the Chief Election Commissioner shall not be removed from his office except fn like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment : Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner. (6) The President, or the Governor of a State, shall, when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1)."
(3.) Article 243K of the Constitution provides for the purpose of elections of the panchayats and Article 243ZA of the Constitution provides for the purpose of elections of the Municipalities, which are quoted below : "243K. Elections of the chayats.--(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor. (2) Subject to the provisions of any law made by the Legislature of a State, the conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine : Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment. (3) The Governor of a State shall, 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 State Election Commission by clause (1). (4) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Panchayats." "243ZA. Election to the Municipalities.--(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to the Municipalities shall be vested in the State Election Commission referred to in Article 243K. (2) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Municipalities.";