(1) The State Election
Commission shall be deemed to be a Civil Court under 1[the Code of Civil
Procedure, 1908 (5 of 1908)] and a proceeding before the Commission shall be
deemed to be a judicial proceeding.
(2) The Commission shall have the power to––
(a) require any person including an officer or an employee of the 2[Government of the union territory of Jammu and Kashmir], subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information or any matter which, in the opinion of the Commission, may be useful for, or relevant to, the subject of enquiry ;
(b) give such directions to the officers and employees of the 2[Government of the union territory of Jammu and Kashmir] or the Panchayat Raj Institutions or any other statutory body or society as it considers necessary to ensure smooth and efficient conduct of elections under this Act ;
(c) delegate any of its powers to such officers and employees of the 2[Government of the union territory of Jammu and Kashmir], as it may deem necessary ;
3[(cc) to determine and delimit Halqa Panchayats in accordance with this Act] :
4[Provided that for the purposes of holding general elections under this Act upto December 2020 or until a full time State Election Commissioner is appointed earlier, the power to determine and delimit halqa panchayats in accordance with this Act shall vest in the Chief Electoral Officer].
(d) regulate its own procedure including the fixing of time and place of its sittings ; and
(e) exercise such other powers as may be prescribed by the 2[Government of the Union territory of Jammu and Kashmir from time to time.]
(2) The Commission shall have the power to––
(a) require any person including an officer or an employee of the 2[Government of the union territory of Jammu and Kashmir], subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information or any matter which, in the opinion of the Commission, may be useful for, or relevant to, the subject of enquiry ;
(b) give such directions to the officers and employees of the 2[Government of the union territory of Jammu and Kashmir] or the Panchayat Raj Institutions or any other statutory body or society as it considers necessary to ensure smooth and efficient conduct of elections under this Act ;
(c) delegate any of its powers to such officers and employees of the 2[Government of the union territory of Jammu and Kashmir], as it may deem necessary ;
3[(cc) to determine and delimit Halqa Panchayats in accordance with this Act] :
4[Provided that for the purposes of holding general elections under this Act upto December 2020 or until a full time State Election Commissioner is appointed earlier, the power to determine and delimit halqa panchayats in accordance with this Act shall vest in the Chief Electoral Officer].
(d) regulate its own procedure including the fixing of time and place of its sittings ; and
(e) exercise such other powers as may be prescribed by the 2[Government of the Union territory of Jammu and Kashmir from time to time.]
1. Substituted by S.O. 3654(E) dated 16.10.2020 for “the Code of Civil Procedure, Samvat 1977”. 2. Substituted ibid for “Government”. 3. Clause (cc) inserted by Act VI of 2014, s. 9, w.e.f. 01-06-2014. 4. Proviso after clause (cc) substituted by S.O. 3654(E) dated 16.10.2020. (For earlier amendment see Act XII of 2018, s. 4.)