Published 15:17 IST, May 29th 2020
Big blow for Andhra Pradesh CM Jagan Mohan Reddy as HC quashes ordinance, reinstates SEC
On Friday, the Andhra Pradesh HC struck down the ordinance issued by the AP government and ordered the reinstatement of Nimmagadda Ramesh Kumar as the SEC.
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A division bench of the Andhra Pradesh High Court comprising Chief Justice JK Maheshwari and M Satyanarayana Murthy on Friday, May 29, quashed the ordinance issued by the AP government curtailing the tenure of the State Election Commissioner and ordered the reinstatement of Nimmagadda Ramesh Kumar as the SEC. This is being perceived as a major setback for Chief Minister YS Jagan Mohan Reddy as he had publicly described Kumar as casteist and inclined towards Chandrababu Naidu-led Telugu Desam Party. Pronouncing its verdict on 13 petitions challenging Kumar's removal, the bench ruled that the state government did not have the power to issue an ordinance under Section 213 of the Constitution.
Thus, all government orders brought under it have become invalid. Moreover, the court set aside the appointment of V Kanagaraj as the SEC. Subsequently, Kumar has assumed charge as the SEC once again.
Andhra Pradesh High Court strikes down ordinance curtailing tenure of the State Election Commissioner; Quashes appointment of retired judge V Kanagaraj as the SEC
— Press Trust of India (@PTI_News) May 29, 2020
Postponement of local body polls irks AP CM
The controversy was sparked off with Kumar's decision to postpone the local body polls scheduled on March 21 and March 23 in the state citing the COVID-19 crisis. However, the AP CM slammed the SEC's move and alleged that he was acting at the behest of the Leader of Opposition Chandrababu Naidu. According to Jagan Mohan Reddy, Naidu was unable to digest the fact that YSR Congress Party was heading to sweep the elections. Thereafter, he met the AP Governor to complain against the SEC.
The AP government brought in an ordinance on April 10 to reduce the tenure of SEC from 5 to three years, ending the term of Kumar who was appointed in 2016. Retired Madras High Court judge V Kanagaraj was appointed as the new CEC. However, the AP High Court and the apex court had upheld the decision to postpone the elections because of the novel coronavirus pandemic. Currently, there are 3,251 confirmed novel coronavirus cases out of which 2,125 patients have been discharged while 59 deaths have been reported.
15:17 IST, May 29th 2020