Andhra Pradesh

SEC case: Government files application in Supreme Court seeking stay on contempt proceedings initiated by Ramesh Kumar

In a move that further complicates the legal battle over the curtailment of IAS officer N. Ramesh Kumar's tenure as State Election Commissioner (SEC) and his consequent removal from the post, the State government filed an application before the Supreme Court on Saturday appealing for a stay on the contempt proceedings initiated by him in the High Court. It is likely to be listed on July 21 or 22.

The government's contention is that it is not proper on the part of HC to hear Mr. Ramesh Kumar's contempt petition when its Special Leave Petition (SLP) is pending disposal in the apex court.

The application assumes significance in the context of the meeting which Mr. Ramesh Kumar had with Governor Biswa Bhusan Harichandan on Monday under the HC's direction to represent his case for restoration as the SEC as per it's judgement dated May 29.

The government's advocate - on - record in the Supreme Court Mahfooz Nazki submitted that, on July 17, the HC suggested to Mr. Ramesh Kumar to approach the Governor seeking implementation of its verdict, during the pendency of SLP in the apex court.

The government claimed to have prima facie been able to demonstrate that the findings of the HC that the SEC is to be appointed at the personal discretion of the Governor are unsustainable.

Besides, the government said, having struck down the appointment of one Election Commissioner (Justice V. Kanagaraj) on certain grounds detailed in its SLP, the HC has completely misdirected itself by ordering the State to restore Mr. Ramesh Kumar even though the said appointment also suffers from the same purported vices that the HC found to be existent in respect of the then incumbent.

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Printable version | Jan 26, 2021 9:39:05 AM |

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