VIJAYAWADA: The Andhra Pradesh High Court on Friday set aside the Ordinance promulgated by the state government amending the Andhra Pradesh Panchayat Raj Act 1994 to curtail the tenure, eligibility and method of appointment of the State Election Commissioner (SEC).
The court also struck down all Government Orders issued in the state with regard to amendments made to the Panchayat Raj Act, and directed the government to reinstate N Ramesh Kumar as SEC immediately.
Responding to the setting aside of the Ordinance, Eduction Minister Audimulapu Suresh said the government will approach the Supreme Court against the HC verdict.
In the second week of April, the government brought in the Ordinance amending the Act to pave the way for a retired judge to be appointed as SEC, and also reducing the SEC’s tenure from five years to three. With the Ordinance, Ramesh Kumar ceased to be SEC, and the government appointed retired Madras HC judge Justice V Kanagaraj as his successor.
Challenging the Ordinance, Ramesh Kumar filed a writ petition, and later, a batch of petitions, in the HC challenging the government’s decision. After hearing all the petitions, a Bench of Chief Justice JK Maheswari and Justice M Satyanarayanamurthy on Friday delivered the verdict. It observed that the post of SEC enjoys Constitutional protection under the Article 243 (k) (2) of the Constitution and the SEC can be removed only adopting the process for removal of a HC judge. The court said the government does not have the right to remove the SEC by promulgating an Ordinance.
State govt does not have powers to curtail tenure of SEC: HC
“The State Cabinet can bring in an Ordinance and the Governor can promulgate it. But, the Ordinance brought to remove the SEC is not done in accordance with the Article 213 of the Constitution. An Ordinance can be brought only in accordance with the provision of the Article 213 and it is not done. Moreover, there is no emergency situation where the State government has to come out with an Ordinance. The State government does not have the powers to curtail the tenure of the SEC by amending the Panchayat Raj Act,’’ the court said.
The court said it is declaring the Ordinance as well as GO 618 issued to curtail the tenure of the SEC and the GO issued appointing Justice V Kanagaraj as the new SEC as unconstitutional. Soon after the verdict, Ramesh Kumar said after the High Court has reinstated him, he has resumed charge. “I will discharge my duties fairly and impartially as I did in the past and as mandated,” he said. Ramesh Kumar said in consultation with the principal stakeholders and all political parties, he would resume the electoral process to the local bodies at the earliest.
He observed individuals are not permanent, but Constitutional institutions and values they represent are permanent. “Those who have taken an oath of office to protect the Constitution have a greater responsibility to continue to protect and safeguard these institutions and their integrity,” he said.
It may be recalled that after the announcement of elections to local bodies and panchayats on March 7, SEC Ramesh Kumar on May 15 issued orders deferring the elections for six weeks in view of the Covid-19 pandemic. Ramesh Kumar even wrote a letter to Ministry of Home Affairs alleging threat to his life and sought protection by Central forces.
The issue snowballed into a controversy and the government brought out the Ordinance removing Ramesh Kumar from the post. Former health minister Kamineni Srinivas, one of the petitioners, welcomed the High Court verdict. “The judgment has reaffirmed the faith in the Judiciary and justice has been served,” he said.
TDP senior leader Yanamala Ramakrishnudu said the State government should respect the court’s order and allow Ramesh Kumar to discharge his duties without creating any hurdles. The HC verdict came as a big blow to the YSRC government for its “anti-people and anti-democratic policies”, he said.
Minister Audimulapu Suresh, however, said Opposition parties are raising an unnecessary hue and cry over the issue and said the government will challenge the verdict in the Supreme Court.
Petition to wait as net connection snaps
The Advocate General sought to move a supplementary petition saying the govt will file a petition in the SC challenging the HC verdict, but with the proceedings being held online and the connection snapping, the petition could not be moved on Friday
Shah dials Jagan for opinion on lockdown
With the fourth phase of the lockdown to end in the next two days, Union Home Minister Amit Shah on Saturday sought the opinion of Chief Minister YS Jagan Mohan Reddy on extending the lockdown. As part of the exercise to seek the opinions of Chief Ministers of all states, Shah called Jagan and sought his views on relaxations to be granted and other aspects related to the spread of Covid-19