State Election Commission
Article 243-K of the Constitution envisages that the superintendence,
direction and control of the preparation of the electoral rolls
for, and the conduct of, all elections to the Panchayats shall be
vested in a State Election Commission consisting of a State Election
Commissioner to be appointed by the Governor. State Government published
the Orissa Panchayati Raj Election Commission (Appointment Condition
of Service and Miscellaneous Provision) Rule 1994 in the extraordinary
issue of Orissa Gazette on January 31st 1994. Shri D.K. Mishra,
IAS (Retd.) was the First State Election Commissioner and he was
succeeded by Shri Abhayananda Rath, IAS who is continuing as the
State Election Commissioner at present.
The rule is given below:
THE ORISSA GAZETTE
PUBLISHED BY AUTHORITY.
No.120 Cuttack, Monday, January,31 1994 /Magha 11,1915
Panchayati Raj (GP) Department.
The 29th January,1994
S.R.O.No.108/94-In exercise of the powers conferred by clause (2)
of Article 243-K of the Constitution of India, the Governor of Orissa
has been pleased to make the following Rules, namely:-
1. (1) These Rules may be called the Orissa Panchayati Raj Election
Commission (Appointment, Condition of Service and Miscellaneous
(2) They shall come into force on the
date of their publication in the official gazette.
2. Unless the context otherwise requires-
(a) "Chairman" means the Chairman of the Orissa Public
(b) "Commissioner" means the State Election Commissioner,
appointed under Article 243 K of the Constitution;
(c) "Civil Servant" means and includes a member of the
All India Service or State Civil Service.
3. (1) No person shall be qualified for being appointed as the
commissioner; if he is not-
(a) a retired Judge of the High Court; or
(b) a retired District Judge; or
(c) a retired Civil Servant ; or
(d) a Serving Civil Servant.
(2) If a person, immediately before
his appointment, was under employment as a civil Servant under
the State or Central Government, he shall be deemed to have demitted
his office as such with effect from
the date of his appointment as Commissioner.
4. (1) The tenure of the office of the Commissioner shall be three
years or till the Commissioner attains the age of sixty five years,
whichever is earlier.
(2) Notwithstanding anything contained
in sub-rule (1), the commissioner may, by writing under his hand,
addressed to the Governor, resign from his office at any time.
5. The Commissioner shall, before entering upon his office, make
an oath or affirmation of his allegiance to the Constitution in
the following form, namely:-
"I. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . … . . . .. . . . . . . . . . . . . .
. . .
having been appointed as the State Election Commissioner, swear
in the name of God / solemnly affirm that I will bear true faith
and allegiance to the Constitution of India as by law established
and that I will faithfully discharge the duty upon which I am about
6.(1) The Commissioner shall be entitled to a consolidated salary
of Rs.8,000/- (Rupees eight thousand) per months minus pension if
any including the commuted amount.
(2) Perquisites of the office of the Commissioner
shall be the same as that of the Chairman.
(3) The commissioner shall be entitled to Travelling
Allowances or Daily Allowances for his journeys on tour as per with
(4) The Commissioner shall be entitled to leave
and pension at the same scale, rate and in the same manner as that
of the Chairman.
7. The Casual vacancy in the office of the Commissioner due to
death, resignation, removal or otherwise shall be filled up by the
Governor by fresh appointment in accordance with the provisions
of these rules.
8. The term of office of the Commissioner shall be deemed to include
any period which may elapse between the date on which the Commissioner
ceases to be in office and the date from which the succeeding Commissioner
enters upon office.
9.(1) If any doubt or difficulty arises in implementing these rules
the Governor may, subject to the proviso to Clause(2) of article
243-K, by order, published in the Official Gazette, make orders,
as may be necessary, for removing the doubt or difficulty.
(2) Every order made under this rule shall be
laid before the State Legislature as soon as may be after it is
2. The electoral rolls for constituencies under
Zilla Parishads, Panchayt Samities and Grama Panchayats are prepared
revised in accordance with the direction prescribed by the election
Commission from time to time.
3. For every general election to Panchayats, the
Election Commission recommends a date on which the State Government
are to issue notifications calling upon the constituencies under
Zilla Parishads, Panchayat Samities and Gram Panchayats to elect
their members in accordance with the scheduled dates prescribed
by the State Election Commission and in accordance with the Act
and the Rules made thereunder.
4. During course of election, the Election Commission
appoints a number of observers for observing that a free and fair
election is being conducted.
5. Bye-election are generally conducted by the
Election Commission in case of vacancy arising out of resignation,
death or otherwise and in such contingency no notification of Government
is required. The election Commission is competent to conduct the
bye-election within 108 days of the date of vacancy.