VIJAYAWADA: The Andhra Pradesh High Court on Thursday reserved orders on the writ petition filed by the State government seeking declaration of the Election Commission’s directive transferring two SPs and the State Intelligence chief as illegal and arbitrary.
A division bench of the High Court, comprising acting Chief Justice C Praveen Kumar and Justice M Satyanarayana Murthy, heard the arguments put forward by Advocate General D Srinivas, senior counsel for the Election Commission Sh D Prakash Reddy and counsel of the YSRC Mohan Reddy.
While all eyes were on the court throughout the day, heated arguments took place between the AG and Prakash Reddy over the legality of the orders issued by the commission and the State government.
The AG argued that the Election Commission cannot act against officers who do not come under its jurisdiction under Section 28 (A) of the People’s Representation Act.
He insisted that the commission should have given some reason for transferring Venkata Ratnam, SP of Srikakulam, Rahul Dev Sharma, SP of Kadapa and AB Venkateswara Rao, DG, Intelligence.
Article 324 of the Constitution empowers the Election Commission to control matters related to the preparation of the electoral process and conduct of the elections but it cannot act arbitrarily, he insisted and cited judgements of the Kerala and Madras high courts to buttress his arguments.
He informed the court that the two SPs have been relieved of election duties but that the intelligence chief was not transferred as he was not designated for election duty.
He summed up his arguments, asserting that the commission cannot encroach on the powers of the State government.
The senior counsel representing the Election Commission presented equally forceful arguments, pointing out that the commission has the responsibility and the requisite powers to ensure free and fair elections.
Refuting the AG’s submissions, he maintained that the transfer of the officers could not possibly be interpreted as interference in the State government’s functioning and dismissed the State
government’s claim that the intelligence chief has no role in election duties.
“Intelligence plays a very important role during the electoral process. In fact, the EC has approached the issue with dignity and has not blamed anyone and has just asked for the substitute of the transferred officers. The officers who are to be substituted don’t have any grievance as they are not blamed for any malpractice,” he said.
He also submitted that during election process, the EC doesn’t have time to give reasons for the steps it takes to ensure free and fair polls. He further questioned the intention of the State government in bringing out three GOs within 24 hours in a hurry after the commission issued a directive transferring the three officers to ensure transparency and impartial conduct of the elections.
He recalled that the list of officers designated for poll duties sent by the State government earlier in late 2017 included the name of the intelligence DG and wondered why didn’t the State government include his name in its latest list submitted to the commission.
The AG reportedly replied that it was indeed a mistake by the State government. However, when contacted by TNIE, the AG denied having admitted any such thing or that any such argument took place.
The counsel for the YSRC sought to implead his client in the petition which was strongly objected to by the AG.
The controversy over the transfer of the officers began Wednesday, a day after the commission’s directive. The State government had in fact issued a GO on Tuesday night transferring the trio with immediate effect.
But on Wednesday, it moved a lunch motion petition in the high court seeking to declare the action of the commission illegal and arbitrary. It sought a stay on the transfers pending final disposal of the petition.