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In which of the following case the Supreme Court held that the Election Commissioners do not hold the same position as does the Chief Election Commissioner ?

  • A.Ashok Sadarangani Vs. Union of India
  • B.T.N. Seshan Vs. Union of India
  • C.P. Jaya Vs. Union of India
  • D.B.S. Vadera Vs. Union of India

Answer: B

The key gives T.N. Seshan Vs. Union of India.

In T.N. Seshan v. Union of India (1995) the Supreme Court upheld the multi-member Election Commission and decision by majority. It also examined the differences in the constitutional position of the members: under Article 324(5), the Chief Election Commissioner can be removed only like a Supreme Court judge, whereas an Election Commissioner can be removed on the CEC's recommendation, so the two do not hold identical positions in that respect.

Ashok Sadarangani concerns quashing of non-compoundable cases after settlement, and B.S. Vadera concerns service rules framed under Article 309. Neither deals with the Election Commission.

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