239. [Tamil Nadu State Election Commission] [Substituted for the words 'State Election Commission' by Tamil Nadu Panchayats (Amendment) Act, 1998 (Tamil Nadu Act 4 of 1998).].
(1)The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Village Panchayats, Panchayat Union Councils and District Panchayats shall be vested in the [Tamil Nadu State Election Commission] [Substituted for the words 'State Election Commission' by Tamil Nadu Panchayats (Amendment) Act, 1998 (Tamil Nadu Act 4 of 1998).] consisting of a [Tamil Nadu State Election Commissioner] [Substituted for the words 'State Election Commission' by Tamil Nadu Panchayats (Amendment) Act, 1998 (Tamil Nadu Act 4 of 1998).] to be appointed by the Governor under Article 243-K of the Constitution.(2)(a)No person shall be qualified for appointment as [Tamil Nadu State Election Commissioner] [Substituted for the words 'State Election Commission' by Tamil Nadu Panchayats (Amendment) Act, 1998 (Tamil Nadu Act 4 of 1998).] unless he is or has been an officer of the Government not below the rank of Secretary to the Government.(b)[ The Tamil Nadu State Election Commissioner shall hold office for a term of two years and shall be eligible for re-appointment for two successive terms: [Clause (2) (b) substituted by Tamil Nadu Panchayats (Fifth Amendment) Act, 2007 (Tamil Nadu Act 24 of 2007) w.e.f. 8th June 2007. Before substitution it was as follows: (b) The [Tamil Nadu State Election Commissioner] shall hold office for a term of two years and shall be eligible for reappointment, [*]; [*]]Provided that no person shall hold the office of the Tamil Nadu State Election Commissioner for more than six years in the aggregate:Provided further that a person appointed as Tamil Nadu State Election Commissioner shall retire from office if he completes the age of sixty-five years during the term of his office.] [Substituted by Tamil Nadu Panchayats (Amendment) Act, 2008 (Tamil Nadu Act 10 of 2008).](3)Subject to the provisions of sub-section (2), the conditions of service and tenure of office of the [Tamil Nadu State Election Commissioner] [Substituted for the words 'State Election Commission' by Tamil Nadu Panchayats (Amendment) Act, 1998 (Tamil Nadu Act 4 of 1998).] shall be such as the Governor [may, by rules] [See Rules issued in G.O. Ms. No. 132, Rural Development (Cl), dated the 14th July 1994.] determine:Provided that the [Tamil Nadu State Election Commissioner] [Substituted for the words 'State Election Commission' by Tamil Nadu Panchayats (Amendment) Act, 1998 (Tamil Nadu Act 4 of 1998).] shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and conditions of service of the [Tamil Nadu State Election Commissioner] [Substituted for the words 'State Election Commission' by Tamil Nadu Panchayats (Amendment) Act, 1998 (Tamil Nadu Act 4 of 1998).] shall not be varied to his disadvantage after his appointment.(4)The Governor shall, when so requested by the [Tamil Nadu State Election Commission] [Substituted for the words 'State Election Commission' by Tamil Nadu Panchayats (Amendment) Act, 1998 (Tamil Nadu Act 4 of 1998).] make available to the [Tamil Nadu State Election Commission] [Substituted for the words 'State Election Commission' by Tamil Nadu Panchayats (Amendment) Act, 1998 (Tamil Nadu Act 4 of 1998).] such staff as may be necessary for the discharge of the functions conferred on the [Tamil Nadu State Election Commission] [Substituted for the words 'State Election Commission' by Tamil Nadu Panchayats (Amendment) Act, 1998 (Tamil Nadu Act 4 of 1998).] by sub-section (1).
