Tamil Nadu government asks State Election Commissioner Jothi Nirmalasamy to step down

The Tamil Nadu government, led by Chief Minister C. Joseph Vijay, has asked State Election Commissioner B. Jothi Nirmalasamy, a retired Indian Administrative Service (IAS) officer, to resign from his post.

Sources verified Hindu He was asked to resign from his post as State Election Commissioner. The State Electoral Commission is a Constitutional and autonomous body responsible for conducting free and fair elections for local self-government.

Ms. Nirmalasamy, who is also the Chairman of the Tamil Nadu Delimitation Commission, assumed office as the State Election Commissioner in March 2024 for a five-year term. His term ends in May 2029.

While the terms of office of rural local units in 28 districts will end on January 25, 2025, the terms of office of the other nine districts will end on October 19 this year. The tenure of urban local bodies in the state will end on March 1, 2027. The State Election Commission is taking steps to hold elections to local bodies after completion of the ward delimitation exercise.

As Chairman of the Tamil Nadu Delimitation Commission, he oversees the approval and mapping of wards. He also oversaw indirect by-elections to various urban local bodies following the resignation of mayors of several corporations.

This development follows the resignation of chairmen and members of various statutory bodies and other institutions appointed during the previous DMK regime.

What do the rules say?

However, according to Article 243K of the Constitution of India, the State Election Commissioner is appointed by the Governor and cannot be removed in the same manner and on similar grounds as a High Court Judge. Further, the conditions of service shall not be varied to the detriment of the State Election Commissioner after his appointment, subject to the provisions of any law enacted by the State legislature.

Sources added that Ms. Nirmalasamy is yet to take a decision on the issue.