State Election Commission is a Constitutional Body. The State Election Commission was established in accordance with the Constitution read with Bihar Panchayat Raj Act, 1993 on 30.03.1994.
The 73rd and 74th Amendment to the Constitution of India is a milestone in the process of establishing democratic decentralised administration through local bodies and taking administration to the doorsteps of the people to ensure economic and social justice. The State Election Commission (Commission) is a creation of the 73rd amendment of the Constitution of India. The Commission was created with the responsibility to conduct election to the Panchayats at various levels. Article 243-K provides for the powers and responsibilities of the State Election Commission.
Elections are conducted according to the constitutional provisions, supplemented by laws made by State Assembly . The major laws are Bihar Panchayat Raj Act, 1993, Bihar Municipal Act, 1922 and The Patna Municipal Corporation Act, 1951. The Bihar Panchayat Elections Rule, 1995 deal with the delimitation of territorial constituencies of panchayat, the reservation there of, the preparation and revision of electoral rolls and Conduct of Election to the Three- tier Panchayat Raj Institutions. The Bihar Municipalities constitution of territorial constituencies Rules, 2001 deals with the delimitation of territorial constituencies of Nagar Parishad and Nagar Panchayats .
The Bihar Municipal Election and Election petitions Rules, 1953 deals with the preparation and revision of electoral rolls and Conduct of Election to Nagar Parishad and Nagar Panchayats. The Patna Municipal Corporation constitution of territorial constituencies Rules, 2001 and Patna Municipal Corporation preparation of electoral rolls and conduct of elections Rules, 1951 deals with the delimitation of territorial constituencies of Nagar Nigam , the reservation thereof, the preparation and revision of electoral rolls and Conduct of Election to Nagar Nigams of the State. The Supreme Court of India has held that where the enacted laws are silent or make insufficient provision to deal with a given situation in the conduct of elections, the Election Commission has the residuary powers under the Constitution to act in an appropriate manner. The same hold good for the State Election Commissions as well since a comparisons of Article 324 and Article 243 K of constitutions of India would show that the State Election Commission has same powers with regard to Panchayat/Urban Local Bodies Elections as Election Commission of India has regarding to Parliament and State Assemblies. .
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