Andhra HC refuses to stay govt order appointing new State Election Commissioner

The Andhra government has curtailed the tenure of the State Election Commissioner to 3 years, thereby deposing N Ramesh Kumar from the post.
Andhra HC refuses to stay govt order appointing new State Election Commissioner
Andhra HC refuses to stay govt order appointing new State Election Commissioner
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The Andhra Pradesh High Court on Monday directed the state government to file an affidavit by Thursday on the removal of N Ramesh Kumar as the State Election Commissioner (SEC). Deccan Chronicle reported that the HC refused to stay the orders from the government to appoint Justice V Kanagaraj as the new SEC. 

According to The New Indian Express, the HC bench directed the state government, the State Election Commission secretary and Kanagaraj to file counters by Thursday, and the petitioners to file their replies by Friday, posting the case for summary hearing on April 20.

The bench, headed by Chief Justice J K Maheshwari, took up for hearing a batch of petitions, including the one filed by the deposed SEC Ramesh Kumar, challenging the Y S Jagan Mohan Reddy government’s action in promulgating an ordinance curtailing the tenure of the State Election Commissioner to three years.

Governor Biswabhusan Harichandan on Friday promulgated the ordinance, amending Section 200 of the AP Panchayat Raj Act, 1994, thereby curtailing the SEC's tenure from five to three years and also appointing a retired High Court judge to the post.

Retired judge of the Madras High Court, Justice V Kanagaraj took charge as the SEC on Saturday morning.

Challenging this, Ramesh Kumar filed a writ petition in the High Court, and the division bench heard it via videoconference on Monday.

Appearing for the government, Advocate General Sriram Subramaniam sought a month's time to file a reply, saying a fair opportunity was needed. The court, however, rejected his plea and directed that the reply be filed by Thursday. It said the petitioners could file rejoinders by Friday and added that the case would be summarily heard on April 20.

Apart from Ramesh Kumar, former ministers Vadde Sobhanadreeswara Rao, Kamineni Srinivas, CPI state secretary K Ramakrishna and an advocate Yogesh, also filed petitions challenging the ordinance and the removal of the SEC. 

Leader of Opposition and TDP chief Chandrababu Naidu condemned the ousting of Ramesh Kumar as SEC, stating that Ramesh Kumar had saved people’s lives by postponing the local body polls in view of the pandemic. 

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