ECI’s Control over Election Officials

Context:

• Recent tussle between Election Commission of India (ECI) and West Bengal Government over disciplinary control of officials on election duty.
• Raises the long-standing question: Are election officials under the control of ECI or the State Government?

 Constitutional & Legal Background :

• Framers (Dr. Ambedkar) wanted ECI independent, with authority over officials during elections.
• In 1988, Parliament gave the intent of the Constituent Assembly legal force. Both the Representation of the People Acts of 1950 and 1951 were amended to make officials on election duty formally subject to the Commission’s control.
• Section 13CC of the amended 1950 Act : According to this, Chief Electoral Officers, District Election Officers, Electoral Registration Officers, and others working on electoral rolls “shall be deemed to be on deputation to the Election Commission”, and would be, during that period, subject to its “control, superintendence and discipline”.
• Section 28A of the amended 1951 Act applied the same principle to the returning officers, the presiding and polling officers, and to even police personnel designated for election duty, covering the period from the notification of the election to the declaration of the result.
• N. Seshan’s Period: During his tenure as Chief Election Commissioner, T.N. Seshan famously clashed with the central government over this issue. in 1993, he postponed 31 elections after the government refused to deploy central forces. The Supreme Court later affirmed the ECI’s authority over officers on election duty.
• 2000 Agreement : A landmark agreement recorded by the Supreme Court and ECI’s disciplinary powers were formally detailed on paper.
• ECI could suspend officers for dereliction of duty, substitute them, and return them to their cadres with a conduct report.
• ECI could recommend disciplinary action to the competent authority, which would be bound to act within six months and inform the ECI.
• The Centre agreed to advise states to follow the same framework.

Current Situation:

• Current Dispute: West Bengal refused to act against four officials accused of tampering with the electoral roll, saying that no election has been announced, and the Model Code of Conduct does not apply at this time.

• ECI’s Probable Moves:
• To summon the state’s Chief Secretary
• Can call on the Centre to impress upon the state the binding nature of the 2000 framework.
• Can move to court, citing its powers under the Representation of the People Acts of 1950 and 1951.