The Supreme Court on Wednesday refused to stay an Andhra Pradesh High Court order striking down an ordinance which cut short the tenure of the State Election Commissioner from five to three years.
However, a Bench, led by Chief Justice of India Sharad A. Bobde, issued notice on the appeal filed by the State government against the order setting aside the ordinance that amended the Andhra Pradesh Panchayati Raj Act, 1994. The YSR Congress Party government on April 10 removed Nimmagadda Ramesh Kumar from the post following the amendments.
The court sought a response from both the State Election Commission and Mr. Ramesh Kumar, who was restored to the post. Senior advocates Harish Salve and P.S. Narasimha and advocate K. Parameshwar represented him in the Supreme Court.
The amendments also included restricting the post of State Election Commissioner to retired High Court judges. Prior to the amendment, retired bureaucrats could also be considered. The curtailment of the tenure had compelled the then incumbent to step down, and a new State Election Commissioner was appointed.
The High Court had on May 29 set aside the amendments as a retrospective legislation. It said the State does not have the power to appoint State Election Commissioners under Articles 243K and 243 ZA; it rests only with the Governor. It found the reduction of the tenure arbitrary and in violation of the right to equality under Article 14.
The court had delivered the judgment on a batch of writ petitions, including the one from Mr. Ramesh Kumar, against the amendments and the subsequent appointment of a new State Election Commissioner.
