VIJAYAWADA: In an unprecedented development, Andhra Pradesh Advocate General (AG) Subrahmanyam Sriram held a press conference on Saturday evening and found fault with Nimmagada Ramesh Kumar for restoring himself to the office of State Election Commissioner (SEC). Ramesh Kumar’s communication of self-restoration is not valid as the High Court did not specify that he can be self-restored to the office, the AG argued a day after the court pronounced its judgement.
The judgement set aside Promulugated Ordinance No 5 and the GOs appointing Justice V Kanagaraj as SEC, and directed the state government to restore Ramesh Kumar as SEC and let him remain in office as per the tenure notified in the GO Ms 11 (30.1.2016), the AG pointed out. “It was nowhere mentioned that he stands restored as a consequence of the judgement.
If so, why was a consequential notification given? Why did the High Court cautiously ask the state government to take steps,” he asked. The AG added that immediately after the judgement was pronounced, they filed for a stay against it and this was communicated to Ramesh Kumar’s advocate. A few hours later, Ramesh Kumar issued a press statement restoring himself as SEC, and told officials to issue a memo asking the secretary of the SEC to send a circular to all officials about his restoration to the office.
The AG said Ramesh Kumar called up Prabhakar, the standing counsel of the State Election Commission, and asked him to resign, as he wanted to infuse fresh blood into the standing counsel. “Prabhakar asked for some time to decide, but Ramesh Kumar insisted that he resign by Sunday as he wanted to make a new appointment by Monday. I told Prabhakar that he deserved time and added that the government is approaching the Supreme Court over the issue,” he explained.
The AG further said that as per paragraph 316 of the judgement, the SEC can be appointed by the Governor under the discretionary power under Article 243K(1) of the Constitution. The expression ‘conditions of service and tenure of office’ in Article 243K(2) of the Constitution does not include ‘appointment’. On appointment and holding the post of SEC, the conditions of service and tenure of office may be as per any law made by the state Legislature or as determined by rules made by the Governor.
AG objects to Ramesh Kumar’s appointment
The state government may have power only with respect to making legislations in terms of ‘conditions of service and tenure of office’. For appointment of the SEC, the state Legislature does not have the power to propose or prescribe the pre-eligibility and manner of appointment by the aid and advice of the Council of Ministers to promulgate an Ordinance in this regard.
“The judgement has made a declaration of law, which has a temporal effect, backward and forward. Such a declaration of law should be treated as a valid right from the date of commencement of the Act,” the AG said and added that if the state government has no power to appoint the SEC, even Ramesh Kumar’s appointment would not be valid.
He said that as per the judgement, there should not be any advice from either the Chief Minister or Council of Ministers to the Governor with regard to the appointment of the SEC. “If such is the case, the appointment of Ramesh Kumar itself is illegal, as his name was recommended by the then Chief Minister N Chandrababu Naidu on December 12, 2016,” he pointed out. On being asked for his opinion, the AGO said he has advised the government to appeal against the High Court verdict in the Supreme Court, as it is a Constitutional issue and High Court judgement.
On the validity of Ramesh Kumar’s communication to officials, he cited contempt of court rules and said that if no time period was mentioned in the judgement, two months would be available to comply with the orders or file an appeal. “When the government is directed to restore the position to him, there is an action expected, which hasn’t yet happened. Hence, there is no need to enforce the communication from him,” he explained.
Poll panel circular withdrawn, new secy appointed
After the AG’s press conference, the State Election Commission secretary issued a circular withdrawing the note issued on Friday that had said Ramesh Kumar was restored to the office of the SEC. Late on Saturday night, the government appointed 1996-batch IAS officer G Vani Mohan as the SEC secretary