THIRUVANANTHAPURAM: Nearly two-and-a-half months after the office of the State Election Commissioner fell vacant, by-elections to 30 wards and divisions in local self-government institutions across Kerala remain pending, raising concerns over the functioning of the constitutional body.
The vacancy arose following the retirement of State Election Commissioner A Shajahan on March 31. The absence of an Election Commissioner since then has stalled action on complaints filed under the anti-defection law, as the commission is the authority empowered to adjudicate such matters.
“After the newly elected governing councils assumed office following the local body elections held in December last year, fresh vacancies arose due to various reasons, including deaths and resignations. As per the rules, by-elections to these seats must be conducted within six months, which means they have to be completed by the end of June,” said a senior SEC official.
The outgoing LDF government had recommended the name of M G Sanal Kumar, a district judge and then law secretary, for appointment as State Election Commissioner. The decision was taken barely a week before the announcement of the assembly elections and was among the last major cabinet decisions of the previous LDF government.
However, the appointment was put on hold by Governor Rajendra Arlekar as the concurrence of the High Court had reportedly not been obtained. Although the concurrence was secured subsequently, the recommendation was pushed further into the background in the wake of the assembly elections that followed soon after.
Meanwhile, the UDF government, which assumed office nearly a month ago, has so far paid scant attention to the continued vacancy in such a crucial constitutional post.
“The government will recommend the appointment of a State Election Commissioner without much delay,” a source in the Chief Minister’s Office said.
Constitutional experts point out that the State Election Commissioner is one of the most powerful independent authorities in the state’s local governance framework.
They note that it is unprecedented for such a key constitutional post to remain vacant for such a prolonged period since the State Election Commission was constituted in 1993.
Poll Panel Vacuum
State Election Commission headless for two-and-a-half months
Bypolls to 30 local body seats pending
Anti-defection complaints remain pending
Successor yet to be appointed by government
