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State of Jammu-Kashmir - Section

Section 36 in Jammu and Kashmir Panchayati Raj Act, 1989

36. [ State Election Commission. [Substituted by Act XV of 2011 (S-3).]

(1)The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections under this Act shall vest in an Election Authority to be known as the State Election Commission :[Provided further that for purposes of holding general elections under the Act in the year 2016, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections under this Act shall continue to vest in the Chief Electoral Officer of the State as heretofore.][Provided further that for purposes of holding general elections under this Act upto December, 2020, the superintendence, direction and control of the preparation of electoral rolls and conduct of, all elections in accordance with this Act shall vest in the Chief Electoral Officer.] [Substituted by Act No. 14 of 2018, dated 27.9.2018.]
(2)Notwithstanding anything contrary contained in this Act or any other law for the time being in force in the State, the government may, by a notification in the Government Gazette, vest the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, election under any other law for the time being in force in the State in the Commission.
(3)The Commission shall consist of a State Election Commissioner, to be appointed by the Governor on the recommendation of a committee consisting of the -
(i) Chief Minister Chairman
(ii) A Senior Minister to be nominated by theChief Minister Member
(iii) Speaker of Legislative Assembly Member
(iv) Minister Incharge Panchayats Member
(v) Leader of opposition in Legislative Assembly Member
Explanation. - For purposes of this sub-section, the 'Leader of Opposition in Legislative Assembly' shall, when no such leader has been so recognized, include the Leader of the single largest group or party in Opposition to the Government in the Legislative Assembly.
(4)A person shall not be qualified for being appointed as State Election Commissioner unless he is holding or has held a post in the Indian Administrative Service or a post in any civil service of the Union or the State not below the rank of Commissioner/Secretary to Government having knowledge and experience in matters relating to conduct of elections :Provided that if the person so appointed is in-service at the time of his appointment, he shall be deemed to have retired on superannuation from the date of assumption of office as State Election Commissioner and shall be entitled to receive pension and other post retirement benefits in respect of that service.
(5)The State Election Commissioner shall, before entering upon his office, make and subscribe before the Governor or any person nominated in this behalf by him, an oath or affirmation in the following manner : -I, ______________ having been appointed as the State Election Commissioner, do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India and Constitution of Jammu and Kashmir as by law established ; that I will duly and faithfully and to the best of my ability, knowledge and judgement perform the duties of my office without fear or favour, affection or ill will.