HC directs government to file counter by April 16 over SEC petition

By iDream Post Apr. 13, 2020, 07:56 pm IST
HC directs government to file counter by April 16 over SEC petition

Case is adjourned to 20 April

High court of Andhrapradesh directed the AP government file counter on the petition filed by former state electoral officer N.Ramesh Kumar over his termination of service all of sudden with an ordinance .

High Court has adjourned thr case to April 20 its hearing into a batch of petitions filed against the reduction of the tenure of State Election Commissioner (SEC) to three years, which resulted in the termination of the services of N. Ramesh Kumar.
Chief Justice J.K. Maheswari and Justice M. Satyanarayana Murthy directed the Advocate General (AG)of A.P. S. Sriram to file a counter by April 16 stating the government's position in response to Mr. Ramesh Kumar’s contention that there was neither urgency nor a justifiable ground to issue the ordinance through which his term was cut short from five to three years.

Ramesh Kumar said the ordinance sought to circumvent the Constitutional prescription that the SEC could be removed only by following certain established procedures. By merely reducing the tenure and a condonation of that approach would effect the independence of the Constitutional body.
Ramesh Kumar argued that the promulgation of the ordinance during a medical emergency, which formed the very basis of his decision to postpone the local body elections, seemed to be actuated with an oblique motive on extraneous grounds.

He prayed for the suspension of all further proceedings pursuant to the ordinance and Government Orders through which Madras High Court retired judge V. Kanagaraj , one of the respondents) was appointed as the SEC.

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