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

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.

Updated - July 20, 2020 04:02 pm IST

Published - July 20, 2020 03:57 pm IST - VIJAYAWADA

VIJAYAWADA, ANDHRA PRADESH, 15-03-2020: State Election Commissioner N. Ramesh Kumar addressing a press conference in Vijayawada on March 15, 2020.
Photo: V. Raju / The Hindu

VIJAYAWADA, ANDHRA PRADESH, 15-03-2020: State Election Commissioner N. Ramesh Kumar addressing a press conference in Vijayawada on March 15, 2020. Photo: V. Raju / The Hindu

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.

0 / 0
Sign in to unlock member-only benefits!
  • Access 10 free stories every month
  • Save stories to read later
  • Access to comment on every story
  • Sign-up/manage your newsletter subscriptions with a single click
  • Get notified by email for early access to discounts & offers on our products
Sign in

Comments

Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.