Discussion
When the Chief Election Commissioner takes leave, his functions shall be taken over by which of the following authorities as decided in the case of T.N. Seshan v. Union of India, (1995) 4 SCC 611 ?
Answer: C
The key takes the answer to be the next senior Election Commissioner.
In T.N. Seshan v. Union of India (1995) 4 SCC 611, a Constitution Bench upheld the multi-member Election Commission. At the end of its judgment the Court noted that the Chief Election Commissioner was reported to have gone on leave, leaving the office in the charge of Shri Bagga, and directed that charge be handed over to Shri Gill, one of the two Election Commissioners appointed in 1993, until the Chief Election Commissioner resumed duty. So the functions pass to a fellow member of the Commission.
A Deputy Election Commissioner is a member of the Commission's secretariat, not of the Commission. A delegatee cannot be named while the delegating authority is away, and the President of India does not run the Commission's work during a leave. The judgment, as far as could be checked, does not itself use the words 'next senior'; that is the key's reading of the direction in favour of Shri Gill.
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