State Election Commission vs Election Commission of India: Who Runs Which Election
Your MP and MLA are elected under the Election Commission of India, but your sarpanch and parshad under a completely different body. Meet the State Election Commission: its Articles, powers, limits and the court cases that keep it independent.
The basicsWhat Is the State Election Commission? Article 243K and 243ZA
243K. Elections to the Panchayats.— (1) The superintendence, direction and control of the preparation of 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.
(2) Subject to the provisions of any law made by the Legislature of a State, the conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine: Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.
(3) The Governor of a State shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by clause (1).
(4) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Panchayats.
243ZA. Elections to the Municipalities.— (1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission referred to in article 243K.
(2) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Municipalities.
Before 1993, panchayat and municipal elections depended on the mood of State governments: many villages went years without an elected panchayat. The 73rd and 74th Amendments fixed this by creating a State Election Commission in every State, an independent referee for local polls. It prepares the voter list for local bodies, fixes the dates, reserves seats by rotation, appoints returning officers and declares results.
🏠 Everyday analogy
The ECI is the referee of the national league; the State Election Commission is the referee of the State and district tournaments. Same rule book idea, different referee.
🇮🇳 Real Indian example
In September 2026 the State Election Commission, Rajasthan ran the polls for 309 urban bodies, and from 22 October 2026 it is running the panchayat polls in four phases. The ECI had no role in either.
DifferenceState Election Commission vs Election Commission of India: 10 Differences
| Point | Election Commission of India | State Election Commission |
|---|---|---|
| Article | 324 (Part XV) | 243K (panchayats), 243ZA (municipalities) |
| Since | 25 January 1950 | 1993-94, after the 73rd and 74th Amendments |
| Elections it runs | Lok Sabha, Vidhan Sabha, Rajya Sabha, Legislative Councils, President, Vice-President | Gram panchayat, panchayat samiti, zila parishad, nagar palika, nagar parishad, nagar nigam |
| Members | Chief Election Commissioner + 2 Election Commissioners | One State Election Commissioner |
| Appointed by | President, on a selection committee's recommendation (2023 Act) | Governor of the State |
| Removal | CEC: like a Supreme Court judge (Parliament, special majority) | Like a High Court judge (243K(2)) |
| Laws it follows | RP Acts of 1950 and 1951 made by Parliament | State laws, e.g. Rajasthan Panchayati Raj Act, 1994 and Rajasthan Municipalities Act, 2009 |
| Voter list | Prepares the Assembly and Lok Sabha roll | Prepares its own ward-wise roll, usually built from the ECI's Assembly roll |
| Election disputes | Election petition in the High Court (Art. 329, RP Act 1951) | Election petition before the court or tribunal named in State law (Arts. 243O, 243ZG) |
| Relationship | Fully separate. Neither works under the other. | Fully separate. Neither works under the other. |
Article 324Why the ECI Does Not Conduct Panchayat Elections: Article 324
324. Superintendence, direction and control of elections to be vested in an Election Commission.
(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission).
(2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.
(5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine:
Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment:
Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.
Article 324 gives the ECI control over elections to Parliament, State Legislatures, and the offices of President and Vice-President. Notice what is missing: panchayats and municipalities. That gap is exactly what Articles 243K and 243ZA fill.
FunctionsFunctions of the State Election Commission Step by Step
- 1Voter list for local bodies
Divides the Assembly roll ward by ward and publishes draft and final lists; claims and objections are heard.
- 2Reservation by rotation
Seats and sarpanch posts are reserved for SC, ST, OBC and women (at least one-third, 50 per cent in Rajasthan) by lottery and rotation, as State law says (Art. 243D, 243T).
- 3Schedule and code of conduct
Announces phases; the model code of conduct applies in the area from that day.
- 4Nominations and symbols
Fixes deposits and spending limits, scrutinises papers and allots free symbols (panch and sarpanch polls are non-party in Rajasthan).
- 5Polling and counting
Ballot papers or EVMs; for panch and sarpanch the count is done at the panchayat on polling day itself.
- 6Indirect polls
Conducts the election of upsarpanch, Pradhan, Zila Pramukh, mayor or chairperson by the elected members.
Court rulingsSupreme Court on State Election Commissions: Key Cases
| Case | Year | What the Supreme Court said |
|---|---|---|
| Kishansing Tomar v Municipal Corporation of Ahmedabad | 2006 | Local polls must be finished before the five-year term ends. The SEC has the same powers as the ECI for these polls, and the State must give it staff and money. |
| State of Goa v Fouziya Imtiaz Shaikh | 2021 | The State Election Commissioner must be an independent person. A serving government officer cannot be given the post as extra charge. |
| Vikas Kishanrao Gawali v State of Maharashtra | 2021 | OBC reservation in local bodies needs the triple test: a dedicated commission, local-body-wise data, and a 50 per cent overall cap. |
| Suresh Mahajan v State of Madhya Pradesh | 2022 | Local body elections cannot be delayed beyond five years, even while the OBC data exercise is pending. |
Courts keep reminding States of one thing: the village and the town cannot be left without elected representatives. When terms end and polls are not held, officers called administrators run the panchayats, and the people lose their voice.
🇮🇳 Real Indian example
Rajasthan: on 14 November 2025 the Rajasthan High Court ordered panchayat and municipal polls by 15 April 2026. When that date passed, contempt petitions followed, and in July 2026 the Court summoned the State Election Commissioner. The polls were finally held in September (towns) and from 22 October 2026 (villages).
Connect the dotsRead Next: Related Election Notes
- The full voting ladder, told as a story: How many times can you vote in India.
- The ECI's own story and every CEC since 1950: Election Commission of India.
- Powers of the ECI: Powers and functions of the Election Commission.
- How a sarpanch is elected: Sarpanch election process.
- Town bodies: Nagar Nigam, Nagar Parishad, Nagar Palika and parshad.
- Live now: Rajasthan Panchayat Election 2026.
Quick revisionOne-Line Revision Points (Exam Ready)
- SEC for panchayats: Art. 243K; for municipalities: Art. 243ZA.
- State Election Commissioner is appointed by the Governor.
- Removed only like a High Court judge.
- ECI (Art. 324) has no role in local body polls.
- Courts barred from interfering in local electoral matters: Arts. 243O, 243ZG.
- Kishansing Tomar (2006): polls on time, SEC powers like ECI.
- Goa v Fouziya Imtiaz Shaikh (2021): SEC must be independent.
Practice MCQPractice MCQs (with Answers): State Election Commission
Who appoints the State Election Commissioner?
A State Election Commissioner can be removed in the same manner as:
Which Article vests municipal elections in the State Election Commission?
Which election is NOT conducted by the Election Commission of India?
Which case held that a serving government officer cannot be made State Election Commissioner?
Doubts ClearedFrequently Asked Questions
What is the difference between the State Election Commission and the Election Commission of India?
The ECI (Art. 324) conducts Lok Sabha, Assembly, Rajya Sabha, Council, President and Vice-President elections. The SEC (Arts. 243K, 243ZA) conducts panchayat and municipal elections. They are separate bodies.
Who is the State Election Commissioner of Rajasthan?
Rajeshwar Singh, according to the Commission's records as of 2026. The Commission's office is in Jaipur.
Can the ECI conduct panchayat elections?
No. Article 324 does not cover local bodies; Articles 243K and 243ZA give them to the State Election Commission.
Where do I complain about a panchayat election?
During the poll, to the Returning Officer or the State Election Commission. After the result, by an election petition before the court named in State law, within the time limit it sets.
Sources and further readingSources We Checked
Facts checked on 25 October 2026. Hindi text of Articles 243K, 243ZA and 324 is a simple rendering; the English text is authoritative.
- Constitution of India, Part XV (Legislative Department)
- Constitution of India, Part IX (Panchayats) and Part IXA (Municipalities)
- Election Commission of India (official website)
- State Election Commission, Rajasthan (official website)
- The Statesman: Rajasthan HC asks state govt to conduct Panchayat, Municipal polls (2026)