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Introduction to State Election Commission, Bihar
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Introduction |
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The 73rd and 74th Amendment to the Constitution of India is a milestone in the
process of establishing democratic decentralised administration through local
bodies and taking administration to the doorsteps of the people to ensure
economic and social justice. The State Election Commission (Commission) is a
creation of the 73rd amendment of the Constitution of India. The Commission was
created with the responsibility to conduct election to the Panchayats at various
levels. Article 243-K provides for the powers and responsibilities of the State
Election Commission. |
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The State Election Commission has been vested with the power of the
superintendence, direction and control of the entire process for conduct of
elections to Three- tier Panchayat Raj Institutions and Urban Local Bodies of
the State Electoral Laws & System. |
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Elections are conducted according to the constitutional provisions, supplemented
by laws made by State Assembly . The major laws are Bihar Panchayat Raj Act,
1993, Bihar Municipal Act, 1922 and The Patna Municipal Corporation Act, 1951.
The Bihar Panchayat Elections Rule, 1995 deal with the delimitation of
territorial constituencies of panchayat, the reservation thereof, the
preparation and revision of electoral rolls and Conduct of Election to the
Three- tier Panchayat Raj Institutions. The Bihar Municipalities constitution of
territorial constituencies Rules, 2001 deals with the delimitation of
territorial constituencies of Nagar Parishad and Nagar Panchayats .The Bihar
Municipal Election and Election petitions Rules, 1953 deals with the preparation
and revision of electoral rolls and Conduct of Election to Nagar Parishad and
Nagar Panchayats. The Patna Municipal Corporation constitution of territorial
constituencies Rules, 2001 and Patna Municipal Corporation preparation of
electoral rolls and conduct of elections Rules, 1951 deals with the delimitation
of territorial constituencies of Nagar Nigam , the reservation thereof, the
preparation and revision of electoral rolls and Conduct of Election to Nagar
Nigams of the State. The Supreme Court of India has held that where the enacted
laws are silent or make insufficient provision to deal with a given situation in
the conduct of elections, the Election Commission has the residuary powers under
the Constitution to act in an appropriate manner. The same hold good for the
State Election Commissions as well since a comparisons of Article 324 and
Article 243 K of constitutions of India would show that the State Election
Commission has same powers with regard to Panchayat/Urban Local Bodies Elections
as Election Commission of India has regarding to Parliament and State
Assemblies. |
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