Supreme Court refuses to grant stay on contempt proceedings in High Court

New Delhi: While refusing to stay contempt proceedings in AP High Court against the state government, as sought by it, the Supreme Court on Friday termed as "unfortunate" that Andhra Pradesh Governor had to intervene for implementation of High Court's order directing reinstatement of Nimmagadda Ramesh Kumar as State Election Commissioner (SEC).

A bench of Chief Justice S A Bobde, Justices AS Bopanna and V Ramasubramanian issued notice on an application seeking stay on the contempt proceedings against the state government in the Andhra Pradesh High Court and asked senior advocate Harish Salve, appearing for Kumar to file a reply affidavit to it. "Issue notice, returnable after one week."

During the hearing, the bench observed, "It is unfortunate that the Governor had to intervene to reinstate Ramesh Kumar as SEC after the High Court's judgement…there are contempt proceedings (against AP government) going on. What is this?"

Salve said that he needs a week's time to file an affidavit to bring some additional facts regarding the contempt proceedings before the High Court.

He said that the order of the High Court directing reinstatement of Kumar has not been complied with and a contempt plea was filed by him against the state government. Salve also pointed out that some unwarranted comments were made against judges of the High Court after the verdict for reinstatement of Kumar.

Counsel appearing for the state government assured the bench of complying with the High Court's judgement. Kumar, in an application filed in the top court to bring some additional facts on record, has said that the High Court on his contempt plea had on July 17, given him liberty to approach the Governor for implementation of its order of reinstatement.

He said that on July 21, the office of Andhra Pradesh Governor informed him that the state government has been directed to take necessary action as per the directions of the High Court.

Kumar said, meanwhile, an application seeking a stay on the contempt proceeding before the High Court was filed before the top court by the state government. On July 8, the top court had told that it intends to dispose of in a couple of weeks a batch of pleas, including one filed by the AP government, challenging the High Court order which struck down an ordinance curtailing the tenure of the state poll panel chief from five to three years.

The top court had said that it would not pass any interim order and would dispose of the pleas in next two to three weeks after counsel for state government argued that during the interregnum, the Governor may be requested to appoint an interim state election commissioner as election work in the state has been put on hold.

On June 10, Supreme Court had refused to stay the order of the High Court striking down an ordinance promulgated by the Andhra Pradesh government curtailing the tenure of the state poll panel chief from five years to three. It had issued notices and sought response from the State Election Commission (SEC) and Kumar, who was restored as state poll panel chief by the High Court.