Amaravati: YS Jagan government move sparks row

Amaravati: The AP Government, yet again, has ventured into an unwarranted controversy, by issuing an ordinance attempting to effect a diminished term of three years for the State Election Commission but also the removal of the incumbent SEC, N Ramesh Kumar, through a GO.

The question is not whether the move will be challenged by Ramesh Kumar but when, if the reports are true (the GOs have not been placed in the public domain till the filing of the report).

The spat between the SEC and the State government is well known, but no one would have imagined that the State government would make this move after the matter was seemingly settled by the Supreme Court which left both the SEC and the government in a 'win-win' situation as it was described when it upheld the move of the SEC to put on hold the election to the local bodies and also stayed the continuation of the model code of conduct.

The move - which could be termed as vengeance by the Opposition - has the potential for yet another legal battle between the government vs Opposition as the BJP and the TDP have already started exploring the legal options. The latter are confident that the removal won't stand the scrutiny of the law and the Ordinance and the GO would summarily be dismissed whatever might the contention or grounds of the government which prompted the move.

The State Election Commissioner shall have the status equal to that of the High Court Judge and that he shall hold office for a term of five years from the date of which he assumes office, the law says. Removing the SEC, hence, requires the process of removing the judge, a section of the legal experts feel.

In fact, when Kanna Lakshminarayana, AP unit BJP president, sought the legal opinion from Delhi, he was assured that the "unlawful" ordinance and the GO would be dealt with accordingly by the law as stipulated.

The Election Commission of India and its Chief Election Commissioner and two other election commissioners will be appointed by the President of India in respect of the Representation of the People's Act, 1951. In general, the seniormost among the Indian Civil Services candidate will be appointed as the CEC.

As per Sec 19(A) of the Act, the ECI can appoint their delegates in the states as State Election Commissioner who is the seniormost civil servant recommended by the State government. Kanna was further advised that the Election Commission of India can remove the State Election Commissioner if there is any proved misconduct or misusing of the powers.

The Lok Sabha can recommend for his removal by way of two third majority in the House. It is to be noted that the power of conducting election to the Corporations, Municipalities, Zilla Parishads, District Panchayats, Panchayat Samithis, Gram Panchayats and other local bodies is vested with the State Election Commissions (SECs). They are independent of the Election Commission of India.

The SEC by the same powers could also prohibit Ministers and other Authorities from announcing any financial grants, new schemes or development projects ahead of the elections. The model code of conduct also prevents them from making any ad-hoc appointments in the Government, which may influence voters in favour of the ruling body.

(The bureaucracy was recently ordered to ensure that no elected representative would influence voters in the name of Corona relief by the SEC. He ordered so based on complaints received from various political parties).

CPI Leader K Narayana has already gone ahead and questioned the wisdom of Chief Minister Y S Jagan Mohan Reddy in making this move to remove the SEC. "The State Government is quoting Ahmedabad High Court judgment in this regard. It should know that the verdict refers to bureaucracy and not to the Election Commission. Only Parliament has the authority to remove an Election Commissioner," he said.

Former minister Devineni Uma Maheshwara Rao hit out at the government calling the move 'an arrogant step" which reflected the priorities of the government during Corona times.

The Government is facing flak from the Opposition and also certain quarters over the suspension of a doctor and a Municipal Commissioner over their critical remarks against the Government for not sufficiently arming the frontline warriors against Corona with sufficient safety measures.