In exercise of the powers conferred by articles
243K and 243ZA of the Constitution of India, read with section 103 of the
Sikkim Panchayat Act, 1993 and section 186 of the Sikkim Municipalities Act,
1995 the State Government, hereby makes rules for the constitution of a State
Election Commission for the superintendence, direction and control of the
preparation of electoral rolls for and the conduct of election to the Panchayat
bodies and Municipalities in this States, namely:- (1) These rules may be called the Sikkim (State Election Commission) Rules,
1995. (2) They shall come into force on and from the date of their publication in
the Official Gazette. (1) In these rules, unless the context other wise requires,- (a) "Act" means either the Sikkim Panchayats Act, 1993 (6 of 1993)
or the Sikkim Municipalities Act, 1995 (6 of 1995) as the case may be: (b) "Commission" means the State Election Commission constituted
under rule 3; (c) "Commission" means the State Election Commissioner appointed
under rule 3: (d) "Governor" means the Governor of Sikkim; (e) "Section means section of the above two Acts; (f) "State Government" means the State Government of Sikkim. (2) The expression used in these rules and not otherwise defined shall have the
same meaning as respectively assigned to them in the above two Acts. (1) The Governor shall constitute a State Election Commission for the
superintendence direction and control of the preparation, revision and
correction of electoral rolls for and conduct of all elections to the
Panchayats and the Municipalities in the State; (2) The Governor shall, on the recommendation of the State Government, by
notification, appoint a State Election Commissioner; (3) The State Election Commissioner shall hold office for a period not
exceeding five years from the date of his appointment as Commissioner or unit
he attains the age of sixty-seven years, whichever is earlier; Provided that the Governor may reappoint the same
Officer for another term with the recommendation of the State Government if he
is otherwise not disqualified for reappointment. (1) The State Election Commissioner may, by a letter addressed to the
Governor, resign his office; (2) The State Election Commissioner shall not be removed from his office
except in like manner and on the like grounds as a Judge of the High Court and
the condition of service of the State Election Commissioner shall not be varied
to his disadvantage after his appointment. (3) A person shall be ineligible for reappointment to the post of State
Election Commissioner if he has been removed from that office before the expiry
of his tenure. A person to be eligible for appointment to the post
of the Commissioner must be or have been and officer of the level of Joint
Secretary or above in the Central Government or Secretary in the State
Government. The Commissioner shall receive a pay of Rs. 8000/-
per month and allowances in the scale of Rs. 8000/- Provided that in the case of an appointment, of a
person who has retired from service under the Central or a State Government and
who is in receipt of, or has received or has become entitled to receive any
retirement benefits by way of pension, gratuity, in respect of previous
service, the pay in that event plus gross amount of pension (including any
portion of the pension which may have been commuted) shall not exceed the last
pay drawn at the time of retirement as the case may be. (1) The headquarters of the State Election Commissioner shall be at Gangtok,
and the State Government shall provide office accommodation and such other administrative
infrastructure as may be required by the State Election Commissioner for
discharging his duties. (2) The Commissioner shall have the facility or rent free accommodation and
if such accommodation is not available or provided he shall be entitled to
house rent allowance at the rate fixed by the Government from time to time in
respect of its Secretary/Commissioner. Provided that facility of rent free accommodation
shall be available till the Commissioner holds his office, such, and he shall
be bound to vacate the accommodation within a period of one month on his
ceasing to hold such office. The Commissioner shall be entitled to all such
leave as is admissible to Secretary/Commissioner to the State Government. The Commissioner on attaining the age of
superannuation shall be entitled to retirement benefits as admissible to him
under the rules or regulation applicable to his parent department. The Commissioner shall be entitled to such medical
facilities as are admissible to Secretary/Commissioner to the State Government. In regard to the matters not specifically covered
by there rules, the Commissioner shall be governed by the rulers, regulations
and orders for the time being applicable generally to Secretary/Commissioner to
the State Government serving in connection with the affairs of the State. If any difficulties arise in giving effect to the
provisions of these rules, the State Government may, as occasion may require,
by order, do anything not Inconsistent with the provisions of the Sikkim
Panchayat Act, 1993 or of these rules, which appears to be necessary for the
purpose of removing the difficulties.SIKKIM (STATE ELECTION COMMISSION)
RULES, 1995
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