Spat between Andhra government, SEC could lead to constitutional crisis, must make it work

Former chief secretaries say tiff between SEC and State government over polls may lead to a constitutional crisis 
Andhra Pradesh Election Commissioner Nimmagadda Ramesh Kumar releases the election notification during a press conference in Vijayawada on Saturday | PRASANT MADUGULA
Andhra Pradesh Election Commissioner Nimmagadda Ramesh Kumar releases the election notification during a press conference in Vijayawada on Saturday | PRASANT MADUGULA

VIJAYAWADA:  The spat between the State government and State Election Commissioner Nimmagadda Ramesh Kumar over the conduct of local elections could lead to a constitutional crisis’, opined former bureaucrats. Referring to the boycott of a video conference convened by the SEC on Saturday by the Chief Secretary, Director General of Police and other senior officials, former Chief Secretary LV Subramanyam told TNIE, “The State Election Commissioner can report to the Governor and through him to the President of India that the Constitutional machinery in the State is not working and the Constitutional breakdown has happened. And it is not difficult for us to imagine the consequences,’’ he said.

“The Constitution has to work. The Constitution which has helped people in power get bail.... the same Constitution will tomorrow (lead to) removal of a public servant from his /her job. The Constitution which helps a person on the street to claim Habeas Corpus petition.

That is the constitution which all of us have to follow. That’s all. There is no scope for difference of opinion. Suppose we have a doubt, we have to go to the court and seek a clarification. The court has interpreted and said a particular thing, we have to follow. The Constitution will protect us, if we protect it,’’ the former Chief Secretary said. 

Observing that officials and employees will be at risk of losing their job if elections are not conducted as decided by the SEC, he said that today (during the election process) the SEC is number one in the State and not the Chief Minister or the Chief Secretary or the DGP. Similar was the case when N Chandrababu Naidu was Chief Minister during the general elections in 2019. Naidu argued that he could go ahead with his official reviews even as the Model Code of Conduct was in force and the then Chief Secretary disallowed the same. 

“The Constitution is like a third umpire in cricket. Whether it is Virat Kohli or Sachin Tendulkar or any other batsman, all have to obey the decision of the third umpire and go back to the pavilion once given out. Similarly, we all have to respect the Constitution,’’ he asserted. “This is very unfortunate, we are stooping to a ridiculous level,” he regretted.

Reacting to the remarks of the employees’ union leaders that they have to sacrifice their lives during the process of conduct of elections, Subramanyam said no employee needs to sacrifice his/her life. “You apprise the government and the SEC what you want and cooperate with them,’’ he advised the employees.  Former Chief Secretary IYR Krishna Rao tweeted, “As per SC judgement, during Seshan tenure #CEC and #SEC competent to take disciplinary action against the officers including IAS and IPS during polls, not state government. Whoever is non-cooperating with SEC are doing a great personal risk.’ ’

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