AP Govt Files Counter In HC Over Former SEC’s Writ
AMARAVATI: The Andhra Pradesh Government has filed a counter-petition against the claims of Ex-Election Commissioner Nimmagadda Ramesh Kumar. Ramesh Kumar filed a petition against the government’s action on passing an ordinance, which declares the tenure of the election commissioner. The counter-petition filed by AP govt states that Ramesh Kumar had submitted false claims against the government’s decisions. The government opposed the statements of Ramesh Kumar, who said that the AP govt had passed an ordinance only to remove him from the position.
AP Panchayat Raj Secretary Dwivedi submitted a 24-page counter-petition on behalf of the government.
It also mentions that the government released the ordinance to conduct the municipal elections as on the earlier mentioned dates. The govt had decided to make changes in the election conducting strategies and had made changes in the Panchichayat Raj Act for the sake of the upcoming elections, as mentioned in the affidavit.
According to the Constitution of India, the government has all the rights to decide the tenure of an election commissioner said in the petition.
The Affidavit submitted by Government also mentioned some key points; After the Governer's approval, we made changes in the Panchayat Raj Act and the Election Commissioner’s working tenure. it is not acceptable to blame the government even after the government had taken proper approvals from the Governor. According to article 243, the tenure and service rules of EC should be formulated differently.
According to the Panchayat Raj Act 1994 section 200, a retired justice of High court should be nominated as SEC after changes are being made by the Government.
Also, Governer Bishwabhushan Harichandan had approved the ordinance.
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