The duty to ensure democracy by the State Election Commission at grass-root level in the State has gone for a toss as the post of State Election Commissioner has been lying vacant for over five months. The last incumbent, SD Sharma, retired in the month of July.
The one-man commission which is vested with quasi-judicial powers necessary to uphold tenets of democracy at the grass-root level has become defunct and now resembles a junkyard of cases, including appellate in nature. Notably, the Commission by its very nature cannot decide cases in the absence of a Commissioner.
“Work has stopped completely. There are around 10 to 15 cases of various natures pending with the commission. Only a commissioner can hear the matter,” said Secretary Umesh Singh.
According to provisions of the Constitution, the Commission cannot remain without a commissioner for a period extending beyond six months from the date of the vacancy. However, the post has become one of the Achilles heels of the incumbent government and a bone of contention between the Chief Minister and Panchayati Raj minister Dadai Dubey.
According to sources, around four to five cases of appeal against removal from office filed by people’s representatives are pending with the commission. Besides, a vacant chair at the SEC has put brakes collection of expenditure details incidentally demanded by the commission for ascertaining use of illegal money in 2013 municipal elections. The commission had asked candidates to municipal elections to furnish details of expenditure.
“So far candidates from two districts have sent expenditure details. Others are sitting idle as there is no one to exert pressure on them to furnish their expenditure details,” said former Personal Assistant of State Election Commissioner, PK Sinha. Thanks to the empty chair of commissioner, the Ranchi Municipal Corporation is running without a Mayor since the mayoral elections were rescinded in the month of April on the grounds of alleged use of money in the elections.
Significantly, absence of a commissioner seems to have delayed the work of delimitation and reservation policy for elections to democratic institutions at the grass-root level. Usually, such works begin as soon as the census data for a particular state is released. The implication of a delayed delimitation is likely to be visible when the state will go to Panchayat elections in 2015.
“Delimitation has not started. It takes at least one and a half year to complete the process. So we do not have much time to sufficient time to complete the process before next panchayat elections,” maintained Sinha.