The 73rd and 74th Amendment to the Constitution of India is a milestone in the process of establishing democratic decentralised administration through local bodies and taking administration to the doorsteps of the people to ensure economic and social justice. The State Election Commission (Commission) is a creation of the 73rd amendment of the Constitution of India. The Commission was created with the responsibility to conduct election to the Panchayats at various levels. Article 243-K provides for the powers and responsibilities of the State Election Commission.

The State Election Commission has been vested with the power of the superintendence, direction and control of the entire process for conduct of elections to Three- tier Panchayat Raj Institutions and Urban Local Bodies of the StateElectoral Laws & System

Elections are conducted according to the constitutional provisions, supplemented by laws made by State Assembly . The major laws are Bihar Panchayat Raj Act, 1993, Bihar Municipal Act, 1922 and The Patna Municipal Corporation Act, 1951. The Bihar Panchayat Elections Rule, 1995 deal with the delimitation of territorial constituencies of panchayat, the reservation thereof, the preparation and revision of electoral rolls and Conduct of Election to the Three- tier Panchayat Raj Institutions. The Bihar Municipalities constitution of territorial constituencies Rules, 2001 deals with the delimitation of territorial constituencies of Nagar Parishad and Nagar Panchayats .The Bihar Municipal Election and Election petitions Rules, 1953 deals with the preparation and revision of electoral rolls and Conduct of Election to Nagar Parishad and Nagar Panchayats. The Patna Municipal Corporation constitution of territorial constituencies Rules, 2001 and Patna Municipal Corporation preparation of electoral rolls and conduct of elections Rules, 1951 deals with the delimitation of territorial constituencies of Nagar Nigam , the reservation thereof, the preparation and revision of electoral rolls and Conduct of Election to Nagar Nigams of the State. The Supreme Court of India has held that where the enacted laws are silent or make insufficient provision to deal with a given situation in the conduct of elections, the Election Commission has the residuary powers under the Constitution to act in an appropriate manner. The same hold good for the State Election Commissions as well since a comparisons of Article 324 and Article 243 K of constitutions of India would show that the State Election Commission has same powers with regard to Panchayat/Urban Local Bodies Elections as Election Commission of India has regarding to Parliament and State Assemblies.

State Election Commission is a Constitutional Body. The State Election Commission was established in accordance with the Constitution read with Bihar Panchayat Raj Act, 1993 on 30.03.1994.

The Governor appoints State Election Commissioner. He has tenure of three years, or up to the age of 64 years, whichever is earlier. The State Election Commissioner can be removed from office only through impeachment by Parliament and conditions of the service of the State Election Commissioner shall not be varied to his disadvantage after appointment.

The Commission transacts its business by holding regular meetings and also by circulation of papers. The Commission, from time to time, delegates some of its executive functions to its officers working under it.

The Commission has a separate Office at Patna, consisting of about 51 officials, in a hierarchical set up.

One Joint Election Commissioner, Secretary and Deputy Secretary who are the senior most officers in the Office assist the Commission. They are generally appointed from the State Civil Service and are posted by the State Government. There is functional distribution of work in the Commission. The work is organized in section which is in charge of a Section Officer.

At the district level, the election work is supervised, subject to overall superintendence, direction and control of the Commission, by the District Magistrate -cum- District Election Officer of the District, He has a team of supporting staff. During election time however he is available to the Commission more or less on full time basis.

At the Sub- division and Block levels, the Sub- divisional Magistrate, Block Development Officer or Officer not below the rank of Deputy Collectors or appointed as Returning Officer and Electoral Registration Officers, who are assisted by a large number of junior functionaries to perform election work. They all perform their functions relating to elections in addition to their other responsibilities. During election time, however, they are available to the Commission, more or less, on a full time basis.

The gigantic task force for conducting a State- wide general election consists of nearly 4.80 lakh polling personnel in addition to police forces. This huge election machinery is deemed to be on deputation to the State Election Commission and is subject to its control, superintendence and discipline during the election period.

The Office of the State Election Commission has an independent budget, which is finalized directly by Rural Development Department and Finance Department, Government of Bihar in consultation with State Election Commission. The latter generally accepts the recommendations of the Commission for its budgets. The major expenditure on actual conduct of elections is, however, reflected in the budgets of the concerned constituent unit of State Government. If elections are being held only for the Panchayats, the expenditure is borne entirely by the Rural Development Department, Government of Bihar while for the elections being held only for the Urban Local Bodies, the expenditure is borne entirely by the Urban Development Department, Government of Bihar.

In the performance of its functions, State Election Commission is insulated from executive and Political interference. It is the Commission which decides the election schedules for the conduct of elections, whether general elections or bye-elections. Again, it is the Commission, which decides on the location polling stations, assignment of voters to the polling stations, location of counting centers, arrangements to be made in and around polling stations and counting centers and all allied matters.

State Government, on the recommendation of the State Election Commission fixes date or dates for election through notification published in the State Gazette. The State Election Commission announces the schedule of elections. The Model Code of Conduct for guidance of candidates immediately comes into effect after such Notification. The formal process for the election starts with the Notice issued by the District Magistrate-cum- District Election Officer as per election schedule of the election Commission informing the electorate date, time and place of filling of Nomination, Scrutiny, Withdrawal, date of polling and date, time, counting of votes and calling upon the electorate to elect Members of Panchayats/Urban Local Bodies. As soon as Notices are issued by the District Magistrate- cum- District Election Officer, Candidates can start filing their nominations in the constituencies from where they wish to contest. These are scrutinized by the Returning Officer of the constituency concerned after the last date for the same is over. On account of the vast magnitude of operations and the massive size of the electorate, polling was held in six phases for the Panchayat elections, 2001. However, polling in Urban Local Bodies Election was held on one day only. A separate date for counting is fixed and the results declared for each constituency by the concerned Returning Officer. The District Election Officer compiles the complete list of Members elected in Panchayat election and publishes in district Gazette. However, list of elected member of Nagar Parishad and Nagar Panchayat is compiled by the Urban Development Department, Bihar and notification to that effect is issued by them whereas the State Election Commission issued notification of elected members of Municipal Corporation of the State. With this, the process of elections is complete.

Conduct of General Elections in Bihar for electing a new Three- tier Panchayat involves management of the largest polling personnel in the State. The electorate exceeds 40.5 million voting in 1,16,029.00 polling stations spread across widely varying geographic zones.

Under the Act, the State Election Commission has decisive jurisdiction in the matter of post or pre election disqualification of sitting members of Panchayats.

The decisions of the State Election Commission can be challenged in the High Court and the Supreme Court of the India by appropriate petitions. By long standing convention and several judicial pronouncements, once the actual process of elections has started, the judiciary does not intervene in the actual conduct of the polls. Once the polls are completed and result declared, the Commission cannot review any result on its own. This can only be reviewed through the process of an election petition, which can be filed before the competent court i.e. Court of Munsif in case of Panchayat Election and the court of District Judge in case of Urban Local Bodies Election. In respect of elections for the offices of the Adhayaksh Up Adhayaksh, Pramukh/Up pramukh and Up Mukhiya, such petitions can only be filed before the competent Court.

The Commission has a comprehensive policy for the media. It holds regular briefings for the mass media-print and electronic media, on a regular basis, at close intervals during the election period.

The State Election Commission has expanded inter state contacts by way of sharing of experience and expertise in the areas of Electoral Management and Administration, Electoral Laws and Reforms and for a better understanding of the State Electoral Process.

The State Commission has taken several new initiatives in the recent past. Notable among these are, checking criminalization of politics, simplifying the procedure for maintenance of accounts and filling of the same by candidates and a variety of measures for strict compliance of Model Code of Conduct, for free and fair poll.