Jammu and Kashmir State Election Commission explained

Jammu & Kashmir State Election Commission
Jurisdiction:	Jammu & Kashmir and Ladakh
Headquarters:	STATE ELECTION COMMISSION,
Chief1 Name:	K K Sharma.^[1]
Chief1 Position:	Chief Election Commissioner .
Chief2 Name:	Hirdesh Kumar.
Chief2 Position:	Chief Electoral Officer.^[2]

Jammu & Kashmir State Election Commission is an autonomous and statutory body constituted in Indian Union Territory of Jammu and Kashmir and Ladakh for ensuring that elections are conducted in free, fair and unbiased way. Constitution of India with provisions as per Article 243K and 243 ZA and Article 324 ensures creation and safeguarding of the powers of State Election Commissions. Jammu & Kashmir State Election Commission is responsible for conducting elections for Urban Local Bodies like Municipalities, Municipal Corporations, Panchayats and any other specified by Election Commission of India. Jammu & Kashmir State Election Commissioner is appointed by Governor of Jammu & Kashmir.

History and Administration

Jammu & Kashmir State Election Commission was formed in accordance with powers of Election Commission of India, which was constituted in year 1950^[3] to supervise state level elections.^[4] State election commissioner is appointed by Governor.^{[5] [6] [7]} To ensure the autonomy of the position, the Jammu & Kashmir state election commissioner cannot be removed from office except on the grounds and manner specified for judge of High Court.

Powers and Responsibilities

Jammu & Kashmir State Election Commission is responsible for the following:^[8]

• Releasing election schedule.
• Issue notification containing guidelines for conducting elections for Municipal Corporations in State.
• Conducting elections for Municipal Corporations in State.
• Issue notification containing guidelines for conducting elections for conducting elections for Municipal panchayats in State.
• Conducting elections for Municipal panchayats in State.^[9]
• Laying guidelines for persons eligible to contest in elections for Municipal Corporations in State.
• Model code of conduct are following in elections for local bodies.
• Updating Electoral rolls with new additions.
• Updating Electoral rolls with removals, if any.
• Declaration of results of elections held for Municipal Corporations in State.
• Declaration of results of elections held for Municipal panchayats in State
• Ordering repoll if needed.
• Making arrangements for Statewide polls.^[10]
• Monitoring poll expenditure for Panchayat polls.
• Laying guidelines for issue of opinion polls.
• Decision on conducting elections.^[11]
• Ensure proper counting of votes polled in local body polls.
• Declaring results of local body polls.
• Municipal and Panchayat constituencies delimitation exercise.
• Countermanding elections in case of mal practices.
• Issuing guidelines for voting in local body elections.
• Organising demonstration of Electronic Voting machine and VVPAT.
• Ensuring security of polling stations.
• Facilitating discussions with regional parties on conducting elections.^{[12] [13]}

Composition

Jammu & Kashmir State Election Commission is headed by Chief Election Commissioner and as many members as specified in State Act. State Election Commissioners are independent persons not holding position or office in any Central or State Government organisations.^[14]

Shri K K Sharma, is the Chief Election Commissioner of Jammu & Kashmir State Election Commission. His period of service will be 5 years or attaining an age of 65 years whichever is earlier. Shri Hirdesh Kumar, is the Chief Electoral officer of Jammu & Kashmir State Election Commission.^[15] On July 12, 2023, the government of Jammu and Kashmir appointed BR Sharma as the state election commissioner for Jammu and Kashmir. BR Sharma, born on, 27-04-1960, is the former Chief Secretary of JandK. He shall have tenure till 2025. ^[16]

Constitutional Requirements

Jammu & Kashmir State Election Commission was formed after amendment of Constitution with 73rd and 74th declaration.^[17] State Election Commissions were formed as per Article 243K of the Constitution, similar to setting up of Election commission of India as per Article 324.

See also

• Election Commission of India

External links

• Official Website
• Official Website

Notes and References

1. News: State Election Commission announces 8-phase maiden DDC polls in J&K from November 28 . 23 December 2021 . Greater Kashmir . 4 November 2020 . en.
2. Web site: Jammu & Kashmir - State Election Authority . secjk.nic.in . 23 December 2021.
3. News: WHAT IS ELECTION COMMISSION OF INDIA (ECI)? . 6 December 2021 . Business Standard India.
4. News: State election panels: Independent of central EC, with similar powers . 6 December 2021 . The Indian Express . 12 April 2018 . en.
5. News: Appointment of ‘Election Commissioner’ for J&K on anvil prior to formal Delimitation panel - Northlines . 23 December 2021 . thenorthlines.com . 21 February 2020.
6. News: India Code: Section Details . 6 December 2021 . www.indiacode.nic.in.
7. News: State Election Commissioner Conditions of Service Rules, 1994 . 6 December 2021 . www.bareactslive.com.
8. News: Election Commission directs all state electoral officers to immediately redress all pending voter applications . 6 December 2021 . The Statesman . 23 November 2021.
9. News: State Election Commission announces 8-phased first ever DDC polls in J&K . 23 December 2021 . JKUpdates - Jammu Kashmir Alerts & Updates . 4 November 2020.
10. News: Election Commission will take final call on Jammu & Kashmir's assembly polls, says SEC . 23 December 2021 . ThePrint . 1 December 2020.
11. News: J&K State Election Commissioner tells officials to ensure equal opportunity for all candidates . 23 December 2021 . The Hindu . 23 November 2020 . en-IN.
12. News: Ganai . Naseer . Delimitation Commission Starts Hearing In Kashmir, BJP Says Talk Against It Is ‘Great Sin’ . 23 December 2021 . outlookindia.com . 6 July 2021 . en.
13. News: Khajuria . Sanjay . Delimitation process will be completed in fair, transparent and judicious manner: Commission on J&K visit Jammu News - Times of India . 23 December 2021 . The Times of India . 9 July 2021 . en.
14. News: State election commissioners should be independent, says SC . 20 December 2021 . telegraphindia.com . 20 December 2021.
15. News: Hirdesh Kumar appointed as new Chief Electoral Officer of Jammu & Kashmir . 23 December 2021 . DNA India . 16 March 2020 . en.
16. http://risingkashmir.com/b-r-sharma-appointed-state-election-commissioner-till-april-2025-ba63140c-b1a1-4333-8570-e3f6d753608d#:~:text=The%20Government%20on%20Friday%20appointed,Commissioner%20for%20Jammu%20and%20Kashmir.
17. News: India State Election - Find information of all State elections in India . 6 December 2021 . www.elections.in.