The High Court gave liberty to senior IAS officer N. Ramesh Kumar to approach the Governor seeking his restoration as the State Election Commissioner (SEC) under Article 243-K of the Constitution and directed the government to file a counter - affidavit explaining it's position vis-a-vis the implementation of its earlier order.
During a hearing on Friday on matters arising from the controversial ordinance (No. 5 of 2020) which resulted in the curtailment of Mr. Ramesh Kumar's tenure as SEC to three years, Chief Justice J.K. Maheswari and Justice M. Satyanarayana Murthy said since there was no stay, the court order has to be complied.
Advocate-General (A-G) S. Sriram requested the court to adjourn the matter while saying that the Supreme Court was about to take it up shortly.
Pointing out that the Supreme Court was disinclined to pass interim orders, Chief Justice Maheswari and Justice Satyanarayana Murthy enquired from the petitioner's advocate if they approached the Governor for restoration.
The A-G said after contempt papers were served, the petitioner sought an adjournment in the Supreme Court.
After hearing both sides, the court adjourned the matter by a week and observed that the Governor has the powers to appoint the SEC, and stated that the Supreme Court has refused to stay the reinstatement of Mr. Ramesh Kumar as SEC.
It may be recalled that Mr. Ramesh Kumar had taken to legal recourse against the validity of the impugned ordinance through which his tenure was cut short and Madras High Court judge V. Kanagaraj was quickly brought in as his replacement.
Mr. Ramesh Kumar argued that his decision to postpone the local body elections due to COVID-19 was not acceptable to the government and hence it removed him from the key post through the ordinance route.
