[36. State Election Commission. ––(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections under this Act shall vest in an Election Authority to be known as the State Election Commission :
Provided that for purposes of holding general elections under the Act in the year 2011, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections under this Act shall continue to vest in the Chief Electoral Officer of the [Union territory of Jammu and Kashmir] as heretofore :
[Provided further that for purposes of holding general elections under this Act upto December, 2020 or until a full time State Election Commissioner is appointed earlier, the superintendence, direction and control of the preparation of electoral rolls and conduct of, all elections in accordance with this Act shall vest in the Chief Electoral Officer].
(2) Notwithstanding anything contrary contained in this Act or any other law for the time being in force in the [Union territory of Jammu and Kashmir], the [Government of the Union territory of Jammu and Kashmir] may, by a notification in the [Official Gazette], vest the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, election under any other law for the time being in force in the [Union territory of Jammu and Kashmir] in the Commission.
(3) The Commission shall consist of a State Election Commissioner, to be appointed by the [Lieutenant Governor] on the recommendation of a Committee consisting of the––
(i) Chief Minister [Chairperson]
(ii) A senior Minister to be nominated Member
by the Chief Minister
(iii) Speaker of Legislative Assembly Member
(iv) Minister Incharge Panchayats Member
(v) Leader of Opposition in Legislative Member.
Assembly
Explanation:–– For purposes of this sub-section, the ‘Leader of Opposition in Legislative Assembly’ shall, when no such Leader has been so recognised, include the leader of the single largest group or party in Opposition to the [Government of the Union territory of Jammu and Kashmir], in the Legislative Assembly :
[Provided that when the Proclamation under section 73 of the Jammu and Kashmir Reorganisation Act, 2019 is in force, State Election Commissioner shall be appointed by the Lieutenant Governor of Union territory of Jammu and Kashmir].
(4) A person shall not be qualified for being appointed as state Election Commissioner unless he is holding or has held a post in the Indian Administrative Service or a post in any civil service of the Union or the [Union territory of Jammu and Kashmir] not below the rank of Commissioner/Secretary to Government having knowledge and experience in matters relating to conduct of elections :
Provided that if the person so appointed is in service at the time of his appointment, he shall be deemed to have retired on superannuation from the date of his assumption of office as State Election Commissioner and shall be entitled to receive pension and other post retirement benefits in respect of that service.
(5) The State Election Commissioner shall, before entering upon his office, make and subscribe before the [Lieutenant Governor] or any other person nominated in this behalf by him, an oath or affirmation in the following manner:––
I, ___________________having been appointed as the State Election Commissioner, do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India [x x x x] as by law established ; that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill will.