Asking the State Election Commission (SEC) to obtain the consent of the government to kick-start the election process would tantamount to contempt of court, TDP Polit Bureau member Yanamala Ramakrishnudu said in a statement on Sunday.
Adopting a resolution in the Assembly that the government’s consent should be taken for conducting the elections was unconstitutional, Mr. Ramakrishnudu said, and added that the Governor too could not issue an Ordinance as the President’s approval was necessary.
Mr. Ramakrishnudu said the Supreme Court had merely stated that the government should be consulted for conducting the elections. It did not say that the government’s consent should be taken.
As per Article 243(k) of the Constitution, “The superintendence, direction and control of the preparation of electoral rolls for and conduct of all elections to the panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner.”
The government should not interfere in the process once election notification was issued. “Now, as the election process has already begun, the sole responsibility rested with the SEC,” he said.
Mr. Ramakrishnudu asserted that the State government had no right to interfere with the SEC’s duties in the middle of the election process. No institution should be seen as a competitor with another in a democracy. The SEC should not be brought in conflict with the legislature, the TDP leader said.
