VIJAYAWADA: "Definitely Sir!" exclaims Justice V Kanagaraj acutely conscious that his appointment as the State Election Commissioner (SEC) has come at a challenging time. Elections to panchayats and other local bodies would have been over by now had not coronavirus interfered. But since it has, the duty of resuming the stalled process whenever normalcy is restored lies ahead for the retired judge of the Madras High Court. And, he was already preparing for the same when TNIE met him at his office in Vijayawada Saturday evening.
A stack of books -- manuals for the conduct of elections to municipal bodies - lies on his table. "We should be swift in making use of the holidays," he says pointing at the manuals. But he is in no hurry to hold the polls. "We are in an extraordinary situation. Under these circumstances, all other functions, including that of elections, take a backstep. The prime consideration is humanity. Not just the state, or country but the entire world needs to be saved," he observes.
Seated in a sofa in his spacious office, he asks if anyone could come forward and claim he's not afraid. Quoting from the Tamil classic Tirukkural penned by the great Tiruvalluvar, he quips, "Whatever you should be afriad of, you should be afraid of."
Justice Kanagaraj was appointed and assumed charge as the SEC on Saturday after the State government issued an ordinance amending the AP Panchayat Raj Act changing the eligibility, tenure and method of appointment of the SEC. The office hitherto held by a bureaucrat, retired or serving, of a rank not less than a principal secretary, will now be held by only a retired high court judge. And, Justice
Kanagaraj is the first-ever retired judge to be named SEC. He comes with a formidable reputation. He was appointed as Madras HC judge in 1997.
Lovingly called English Kanagaraj for his impeccable and flawless English, he delivered 68000-odd considered judgements and was recommended by the Collegium for elevation to the apex court. His elevation, however, didn't materialise and he retired after nine years as HC judge. Ever since, he had been a senior advocate at the apex court. He is talked about for not taking a single casual leave -- judges have 14 CLs per year.
He has been a senior counsel for Haryana, Tamil Nadu, and Puducherry and also the Delhi Development Authority in the Supreme Court. He is also a life member of the Society of the International Centre for Alternative Disputes Resolution, New Delhi.
To the obvious question whether his appointment is constitutional, the jurist asserts "it is cent per cent constitutional." "It is by the law of the land. It is the Act of the government. Who else could do?
The constitutional functionaries think that the set up should be changed. There ends the matter. The constitutional functionaries decided to design the election commission this way. Can anybody dictate to the constitutional functionaries of the state? No," he explains.
The 75-year-old terms views to the contrary "raw political thinking" and points out that constitutional functionaries decide in a democracy. "They are given the powers by the people. It is a democracy."
He also dismisses reservations that a bureaucrat rather than a judge is a better administrator when it comes to elections.
Citing several Supreme Court verdicts, Justice Kanagaraj says better and fair administration requires a judicially trained mind. The retired judge, who hails from a family of bureaucrats (over 10 family members and relatives are all IAS officers), is also game for the polarised Andhra politics.
Displaying keen sense of humour, he retorts, "It is the business of political parties to play politics. We should appreciate that in a democracy."
Did he have any concerns before accepting the offer of SEC? "I just embraced it. I am doing for something. I have started doing something constructive for the state, and country. We are serivce-minded people," he replies. But the offer itself was a surprise he hadn't anticipated. "A pleasant surprise."