HC reinstates Ramesh as SEC, setback for Jagan govt

Vijayawada: The high court on Friday set aside ordinance 5 of 2020 and the consequential GOs issued by the state government which resulted in cessation of Nimmagadda Ramesh Kumar’s tenure as state election commissioner (SEC). The high court also reinstated Ramesh Kumar as SEC.
The government had promulgated the ordinance on April 10, amending the AP Panchayat Raj Act and issued GO 617 notifying the same.Consequential to the ordinance, the government issued GO 618 stating that Ramesh Kumar ceased to be the SEC.
On the same day, GO 619 was issued, appointing retired judge Justice V Kanagaraj as the new SEC.
The timing of the ordinance created a controversy as the process for local body elections was initiated and then postponed by Ramesh Kumar due to the Covid-19 pandemic. Ruling party members, including chief minister YS Jaganmohan Reddy, alleged that Ramesh Kumar took the decision to postpone the elections unilaterally without consulting the state government.
Challenging the ordinance and consequential GOs, Ramesh Kumar moved the high court. As many as 12 public interest litigations (PILs) were also moved by others on the same issue. While the government claimed that the ordinance was issued as part of electoral reforms, Ramesh Kumar contended that it was promulgated arbitrarily without satisfying the parameters under Article 213 of the Constitution. The other petitioners said the government’s decision will undermine the functioning of independent institutions like the election commission.
The high court, which had reserved its verdict, pronounced the judgment on Friday. The bench headed by Chief Justice Jitendra Kumar Maheswari and Justice M Satyanarayana Murthy said ordinance 5 of 2020 does not satisfy the parameters under Article 213 of the Constitution. The court also observed that the governor has the power to promulgate an ordinance under Article 213 in the absence of the legislature but the power to promulgate the ordinance should be exercised under certain conditions as prescribed in the Constitution.
The bench further said that the removal of SEC cannot be done in any manner other than the process in which a high court judge is removed, adding that the SEC’s tenure cannot be reduced and the government cannot take away the right of the incumbent SEC by reducing the tenure through an ordinance. Setting aside the ordinance and the consequential GOs, the high court restored Nimmagadda Ramesh Kumar as SEC.
While Ramesh Kumar issued a statement immediately after the verdict, saying he has assumed charge as SEC and will soon review the election process, sources said the government will challenge the order in the Supreme Court.
Gudivada Amarnath, the ruling party MLA from Anakapalli, said the government will approach the Supreme Court. “The style of functioning of Ramesh Kumar and the decisions he took as SEC gave the impression that he was acting like a TDP functionary. He postponed the local body elections only to favour TDP,” he said.
When asked about his name featuring in the list of 44 persons who were issued notices by the high court for allegedly making objectionable comments against the judiciary, Amarnath said he will respond only after receiving the notice.