Governor Commits blunder: Jandhyala Ravi Shankar

Amaravati: Governor Biswa Bhusan Harichandan committed a blunder by referring the issue of reinstatement of Nimmagadda Ramesh Kumar as State Election Commissioner to the State government, instead of restoring him as SEC observed senior advocate Jandhyala Ravi Shankar.

Speaking to this correspondent, the advocate explained that, "Para 318 of the High Court judgement in Ramesh Kumar case speaks about the reinstatement of SEC by Governor. Referring the same to the Government is nothing but ignoring the 73rd amendment by the Governor's office".

73rd amendment to the Constitution speaks about removing Governmental control over the SEC. A Task Force appointed by the Parliament in 2011 also speaks about the independent nature of the SEC. Various judgements of SC say that both SECs and the Chief Election Commission of India are one in all respects.

When an Article 243 (K) has been brought into existence, it is the Governor that derives power from the said Article in appointing the SEC.

The entire contention in the HC was that the Government has no power to interfere in the appointment of the SEC. While that being the Constitutional position, the Governor has committed a blunder on the face of the Constitution by directing the Government to follow the judgement, which has already appealed against the said judgement, instead of following Para 318 in the said judgment, Ravi Shankar explained.