Senior IAS officer N. Ramesh Kumar, whose removal from the post of State Election Commissioner (SEC) through an ordinance triggered a major controversy, met Andhra Pradesh Governor Biswa Bhusan Harichandan here on Monday as per the High Court’s direction seeking his restoration.
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During its hearing on the contempt proceedings initiated by Mr. Ramesh Kumar on July 17, the court gave him liberty to represent his case for restoration as SEC to the Governor in the absence of a stay order from it and by virtue of the fact that the Supreme Court upheld the High Court verdict.
Accordingly, Mr. Ramesh Kumar called on the Governor at the Raj Bhavan and briefed him about the May 29 High Court judgment and the status of the Special Leave Petition filed against it by the government in the apex court.
He observed that he was entitled to function as the SEC as per the High Court judgment and the Supreme Court’s refusal to stay it, made his case stronger.
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Speaking to presspersons after his interaction with the Governor, Mr. Ramesh Kumar expressed the hope that the outcome of the dispute would be in his favour.
He said the Governor promised to take a decision after having a detailed look into the issue, while claiming to have the right to join the post which he is supposed to hold for five years. His tenure as SEC was curtailed to three years through Ordinance Number 5 of 2020.
Meanwhile, the government filed an application before the Supreme Court on Saturday appealing for a stay on the contempt proceedings initiated by Mr. Ramesh Kumar in the High Court. It is likely to be listed for July 21 or 22.
The government’s contention is that it is not proper on the part of the High Court to hear Mr. Ramesh Kumar’s contempt petition when its Special Leave Petition is pending disposal in the apex court.
The government's advocate-on- record in the Supreme Court Mahfooz Nazki submitted that, on July 17, the High Court suggested to Mr. Ramesh Kumar to approach the Governor seeking implementation of its verdict, during the pendency of the SLP in the apex court.
The government claimed to have prima facie been able to demonstrate that the findings of the High Court that the SEC is to be appointed at the personal discretion of the Governor are unsustainable.