Search Results Page
Search Results
1 - 10 of 32 (0.44 seconds)State Of Maharashtra Through The ... vs State Election Commission Through The ... on 28 September, 2005
35. As discussed earlier, this Court in the case of State of
Maharashtra vs. State Election Commission & ors. (supra)
has observed that the State Government must and shall do
everything that is necessary to cooperate with the mandate of
the SEC. If in these circumstances it is the stand of the SEC that
the advice of the Guardian Minister ought not to be taken by the
CEO before appointing an administrator, the same deserves
acceptance as the holding of free and fair elections in a
democracy is of paramount importance. If in the opinion of the
SEC the role of the Guardian Minister in the matter of
24/32
::: Uploaded on - 01/04/2021 ::: Downloaded on - 01/04/2021 23:15:41 :::
asdb-ldvc-188-2020.doc
appointment of an administrator should be completely done
away with, we do not fnd the stand to be unreasonable or
without merit. No doubt, the power of the State Government to
appoint a suitable person as an administrator is delegated to the
CEO and this delegation of power can be conditional, but if the
conditions imposed are such that they come in the way of free
and fair elections, then the same necessarily have be struck
down as it hits at the very edifce of the constitutional scheme of
ensuring impartiality in the election process.