With the State government reportedly issuing an ordinance on Friday reducing the tenure of the State Election Commissioner (SEC), TDP national president and Leader of the Opposition in the Legislative Assembly N. Chandrababu Naidu wrote a letter to Governor Biswa Bhusan Harichandan, urging him to intervene to “uphold the rule of law and democratic values.”
In the letter, Mr. Naidu alleged that the YSRCP government had amended Section 200 of the AP PR Act, 1994, with a “vicious design to remove the present SEC.”
“Elections to the local bodies in the State have been postponed mid-way due to the threat posed by COVID-19. Thus, the election process is still under way. In such circumstances, where is the necessity to bring an amendment through the back-door (in the form of an ordinance) to change the term and eligibility of the SEC?” Mr. Naidu asked.
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The present SEC, N. Ramesh Kumar, had been appointed by the Governor on January 30, 2016, for a period of five years in exercise of the powers conferred under Article 243 (k) of the Constitution, read with Sub-Section (2) of Section 200 of the Andhra Pradesh Panchayat Raj Act, 1994, Mr. Naidu said.
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“In this backdrop, to make amendments to the term and eligibility is illegal. Further, to apply the amendment now when the SEC is in office is unethical and against law,” Mr. Naidu observed in his letter.
“The amendment is applicable only after the present SEC’s term is completed,” he said, adding, “Therefore, we strongly urge your intervention to uphold the rule of law and democratic values.
‘Mockery of democracy’
Earlier, TDP Polit Bureau member and Leader of the Opposition in the Legislative Council Yanamala Ramakrishnudu, in a statement, urged the Governor not to give his assent to the ordinance as it was “unconstitutional.”
“Except Parliament, no one has the power to remove the SEC,” the TDP leader said. The State government had no power to bring an ordinance on an issue that was not in its jurisdiction, Mr. Ramakrishnudu said, adding, “It will not stand in a court of law.”
“Where is the scope for a free election in the State? The YSRCP government is making a mockery of democracy,” he observed.
Cong. to move court
The PCC condemned the reported removal Mr. Ramesh Kumar as the State Election Commissioner.
In a statement here, its president S. Sailajanath said the Congress party would lodge a complaint with the Governor and challenge it in the court.
Only Parliament had the power to remove the SEC, he said. It was an act of retribution as the government could not tolerate the postponement of the local body elections by the SEC, Mr Sailajanath said.