Chief Election Commissioner (Terms & Conditions) Act, 2000

Sections 5 & 7 — appointment of Judge of Supreme Court & High Court as Chief Election Commissioner — tenure and condition for appointment — under section 5 Chief Election Commissioner shall hold office for a term of three years — If a Judge of the High Court or Supreme Court is appointed as Chief Election Commissioner in addition to his function as a Judge, he shall on his retirement cease to function as Chief Election Commissioner — Held: A serving Judge reaching the age of superannuation before expiry of period of three years on retirement is not entitled to continue as Chief Election Commissioner for three years. Further held: If a serving Judge is appointed as Chief Election Commissioner and the term of office of Chief Election Commissioner is expired, he will continue to function as Judge of the said Court. Presidential reference v. –2015 SCR 1249 (T)
Sections 5 & 7 — provisos — effect of — The effect of proviso is that if a serving Judge of the High Court or Supreme Court is appointed as Chief Election Commissioner for a period of three years and if his service remains more than three years, then he will remain Chief Election Commissioner for three years and if his service remains less than three years and retires from the office of Judge, he will cease to function as Chief Election Commissioner. Held: under provisos to Sections 5 & 7, there is no concept of reappointment of the Chief Election Commissioner for the remaining period. Presidential reference v. –2015 SCR 1249 (V)
Section 7 — AJ&K Interim Constitution Act, 1974–Section 43(7) — Reappointment of retired Chief Election Commissioner as Chief Election Commissioner — conditions of — A prohibition is imposed on the judge of the High Court that he shall not hold any office of profit in the service of Azad Jammu and Kashmir till the expiry of a period of two years but an exception has been created for the judge that he may be appointed as Chief Election Commissioner when he ceases to be a Judge of High Court — No such exception for the Chief Election Commissioner has been provided in Act, 2000 or constitution — Section 7 (2) debars a person who has held the office of profit in service of Azad Jammu and Kashmir before the expiration of two years from the date, he ceases to hold the office of Chief Election Commissioner — The office of Chief Election Commissioner is an office of profit in the service of Azad Jammu & Kashmir — A person who has held the office of Chief Election Commissioner cannot be reappointed as Chief Election Commissioner before the expiry of 2 years from the date, he ceases to hold the office of Chief Election Commissioner. Presidential reference v. — 2015 SCR 1249 (W)