Conflict brews in AP as old poll chief challenges appointment of new SEO

Vijayawada: The state government on Saturday appointed Justice V Kanagaraj, a retired Madras High Court judge from Tamil Nadu, as the new State Election Commissioner (SEC) replacing N Ramesh Kumar.

Amidst the lockdown, the 75-year-old Justice Kanagraj, presently practicing in the Supreme Court, drove all the way from Chennai a few days ago apparently at the request of the state government.

He took charge on Saturday morning and submitted a charge assumption report to governor Biswabhushan Harichandan at Raj Bhavan.

The state government had earlier promulgated an ordinance reducing the tenure of the SEC, thereby relieving the incumbent.

The opposition parties had called the removal of Kumar “unconstitutional”

This unprecedented move has come under judicial scrutiny, and Kumar filed a writ petition challenging the state action.

Yogesh Tandava, a High Court advocate, also filed a public interest litigation questioning the violation of the Constitution by the government. The Andhra Pradesh High Court is likely to take up the cases for hearing on Monday.

Kumar made his successor an unofficial respondent to the case, according to sources, as a precaution.

In an earlier case, the court had dismissed a case challenging the decision of the state government to reduce the tenure of the SEC on the grounds that the successor was not made party to the case.

In another significant development, Chief Justice J K Maheshwari re-constituted the bench that would be taking up cases of the emergency on Monday.

Earlier, it was notified that Justice M Satyanarayana Murthy and Justice D V S S Somayajulu comprised the bench which would now be headed by the Chief Justice himself and Justice Murthy would continue in it.

Mr Kumar in his affidavit made a scathing attack against the Governor for “exercising legitimate power (in promulgating the ordinance) to achieve the illegitimate purpose of removing the petitioner from service.”

He alleged that the government had acted in utmost haste and secrecy when the world is fighting against Covid-19 and argued that there was no urgency for the Governor to promulgate the ordinance.

He wanted all the actions of the government to be suspended and that he be restored as SEC.

The former SEC argued that he rightly estimated the threat of Covid-19, a global pandemic, and postponed the elections as it would mean large gatherings.

The stand was vindicated with the national lockdown announced by the Centre on March 24. Several states followed suit and postponed their elections.

Kumar attributed casteist motives to Chief Minister, Y S Jagan Mohan Reddy and his ministers who openly announced that he ( Kumar) and Telugu Desam chief N Chandrababu Naidu, belonged to the same caste.

Advocate Tandava, on the other hand, built his case on the grounds that any changes in the tenure leading to the cessation of the SEC when the election process is underway is unconstitutional and defeats the independence of the State Election Commission.

He relied on Aparmita Prasad Singh Vs State of Uttar Pradesh wherein the Allahabad High Court observed that the EC shall not be able to discharge its constitutional obligations in case the tenure of service is not secured and protected.

Meanwhile, the state government in a statement said Justice Kanagaraj had delivered a record number of 69,000 considered judgements and orders. The landmark judgements are on subjects of vital national importance of education, social justice.

Justice Kanagraj was elevated as Madras High Court judge in 1997. Post his retirement in 2006, he was appointed administrator of the Tamil Evangelical Lutheran Church (TELC) in 2016. The TELC has 120 pastorates and churches in Tamil Nadu, Andhra Pradesh, Karnataka and Puducherry.

The court appointed him as administrator following disputes among rival groups over managing properties and educational institutions.