The Andhra Pradesh high court on Monday did not grant any relief to former state election commissioner Nimmagadda Ramesh Kumar by granting stay on his removal through an ordinance by the YSR Congress party government in the state.
The court, however, admitted petitions filed by Ramesh Kumar, apart from Telugu Desam Party leader Varla Ramaiah, former minister Vadde Sobhanadreeshwar Rao and Bharatiya Janata Party leader Kamineni Srinivas and posted them to next Monday for further hearing.
The high court directed that the state government submit its counter affidavit before April 17.
The court also asked the petitioners to file their objections by next Friday. As such, new incumbent V Kanagaraj would continue to be in the post till then.
The Andhra Pradesh government is defending its decision stating that it had the discretionary powers to reduce the term of the state election commissioner by amending the act.
“Reducing the term of the commission does not mean sacking the SEC. There are precedents in this regard,” official sources said.
The petitioners are arguing that any amendment to the act would come into the prospective effect and not retrospective. The SEC is an autonomous institution and therefore, it cannot be tampered with ordinances and GOs, they argued.