An advocate from Prakasam district, T. Yogesh, on Saturday filed a Public Interest Litigation (PIL) in the High Court seeking declaration of the variation of tenure of the State Election Commissioner (SEC) as arbitrary and in violation of Articles 14 and 243 K (2) of the Constitution.
He was referring to GO Ms. No. 617 (dated April 10), through which the State government reduced the tenure of the SEC to three years, which resulted in the termination of the services of N. Ramesh Kumar.
The petition is likely to be heard on April 13.
Mr. Yogesh argued that as per Rule 3 of GO Ms. No. 927 issued by the Panchayat Raj and Rural Development Department on December 30, 1994, the term of the SEC should be five years and Article 343 K(2) of the Constitution prohibited the alteration of conditions of service, including tenure.
‘Abuse of power’
The petitioner further contended that the issue of the impugned GO in the middle of the local body election process amounted to gross abuse of power and needed to be nailed under Article 14 of the Constitution.
The court should, therefore, give an interim relief by setting aside Rule 5 of GO 617 pending disposal of the PIL, he prayed while pointing out that the independence of the SEC was at stake and there was an inherent danger of the political executive and its advisers using it (SEC) as a tool for subverting the process of law.
