Case Law Analysis
|Gauhati High Court
Proviso to Section 6(1) Struck Down: Minister-in-Charge Appeal Violates Institutional Impartiality | Arunachal Pradesh Defection Act : Gauhati HC
The court upheld appeals to the Chief Secretary but invalidated the proviso routing appeals to the Minister-in-Charge when the Chief Secretary doubles as State Election Commissioner, ruling that a constitutional authority exercising statutory powers cannot claim immunity from legislative oversight. This preserves the State Election Commission's quasi-judicial independence in municipal defection cases.