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Ramesh Kumar to move House Motion against removal

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Ramesh Kumar to move House Motion against removal

Outgoing AP State Election Commissioner Nimmagadda Ramesh Kumar is approaching the High Court seeking revocation of his removal by the State government. The HC is on holidays today and tomorrow. As a result, Ramesh Kumar has no option but to move house motion. The political and official circles are stunned at the humiliating way in which Jagan Sarkar has thrown Ramesh Kumar out of his post.

Usually, such tactics of Friday evening decisions are used to prevent opponents from getting immediate court relief. Similarly, Ramesh Kumar was removed from on Friday evening giving him no chance for immediate relief from the High Court. Meanwhile, Retired HC Judge Kanaga Raj was appointed as the new SEC. Kanaga Raj has even met Governor Biswabhushan Harichandan and has taken over as the new SEC of Andhra Pradesh.

Ramesh Kumar is all set to challenge the government’s powers to cut short his tenure by way of issuing an ordinance. Ramesh Kumar has already consulted legal experts in this respect.

Telugu360 is always open for the best and bright journalists. If you are interested in full-time or freelance, email us at Krishna@telugu360.com.

No legal ground to remove Ramesh Kumar

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No legal ground to remove Ramesh Kumar

Legal experts view that the state government’s decision to remove Ramesh Kumar as State Election Commission is a contravention of Article 243K of the Constitution of India. The office of the SEC is constitutionally safeguarded under the Articles 243K and 243ZA of the Constitution of India.

Roopender Kumar, an advocate of the Telangana High Court, said the SEC cannot be sacked or removed without a valid reason such as serious corruption charges, misconduct or misappropriation of funds of the commission. He said Article 243K is an omnibus provision in the Constitution inserted by 73rd Amendment which deals with the removal process of the chief of the state election commission. It gives general power of superintendence and control in conduct of elections to the local bodies. “The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor,” according to Article 243K.

The section says, “Subject to the provisions of any state law made by the Legislature of a State the conditions of service and tenure of office of the State Election Commission shall be such as the Governor may by rule determine: Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like ground as a Judge of High Court and the conditions of service shall not be varied to his disadvantage after his appointment.”

The HC advocate said the SEC, however, can be impeached on charges of corruption charges and misappropriation of funds of the commission, but such an impeachment cannot be carried out on political charges as was leveled by the YSRCP leaders who levelled caste motives to deferring the polls. Ramesh Kumar had postponed the elections at the behest of TDP supremo N Chandrababu Naidu as both belong to the same social community, YSRCP leaders including its party president and chief minister Y S Jagan Mohan Reddy alleged. The impeachment in the current scenario is impossible as the Assembly cannot be held due to the corona virus spread in Andhra Pradesh. As a matter of fact, the ruling dispensation cancelled the Assembly session which was to be held to take Vote On Budget account.

SEC term is for five years. Mr Ramesh Kumar was appointed as the state election commission in 2016 by the Telugu Desam Party government when Chandrababu Naidu was the chief minister. He has one more year to retire.

Telugu360 is always open for the best and bright journalists. If you are interested in full-time or freelance, email us at Krishna@telugu360.com.

Governor Bishawabhusan approves Jagan Ordinance to remove Ramesh Kumar as SEC

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Governor Bishawabhusan approves Jagan Ordinance to remove Ramesh Kumar as SEC

In a move that can be seen as vendetta politics, the State government has removed Nimmagadda Ramesh Kumar as State Election Commissioner and began the process to appoint a new commissioner. Governor Bishwabhusan Harichandan on Friday approved the Ordinance sent by the YSRCP ruling on Friday amending the Andhra Pradesh Panchayat Raj Act-1994 to change the tenure, eligibility and method of appointment of the State Election Commissioner (SEC).

SEC term is for five years. However, the state government sent an Ordinance making amendments to AP Panchayat Raj Act-1994 and cut short Mr Ramesh Kumar term to three years. Ramesh Kumar was appointed as the state election commissioner in 2016 by the Telugu Desam Party government when Chandrababu Naidu was the chief minister. He had one more year to retire. However, with the Governor approving the Ordinance sent by the YSRCP ruling, Ramesh Kumar’s term ends. With the Governor approving the Ordinance, the state government it is learnt has officially sent a communication to Ramesh Kumar.

The state government had sent an Ordinance to Bishwan Bhusan Haricchandan to appoint only a person who has held the office of the judge of the High Court as the SEC. According to sources, SEC Ramesh Kumar is mulling legal options. He is likely to move the High Court challenging the government’s decision to remove him from the office.

Ramesh Kumar, who hails from Guntur, assumed charge as State Election Commissioner in 2016. He held the post of Special Chief Secretary to the Governor prior to his retirement.

Reacting to this, senior TDP leader Yanamala Ramakrishnudu said Chief Minister Y S Jagan Mohan Reddy was trying to alter the basic structure of the Constitution, and said that such attempts pose a threat to democracy. He said the move to remove SEC Ramesh Kumar was unconstitutional and appealed to the Governor that the Ordinance should not be accepted. “The autocratic style of functioning is against the spirit of democracy. Whoever is opposing the decisions of the government are being sacked and removed from the office.”

Terming the YSRCP dispensation as an oppressive regime, he said the state government was resorting to witch-hunting. “This is an autocratic regime. Recently, the doctor from Narsipatnam who raised his voice against the shortage of medical supplies was suspended. This is most undemocratic functioning, the governor should take note such autocratic attitude.”

Another TDP leader Devineni Uma said this was nothing but vendetta politics and that the YSRCP ruling was destroying all the constitutional institutions. “Since he has no authority to remove the SEC, he has moved the Ordinance. This is nothing but vendetta politics as Ramesh Kumar had postponed the elections. Where was the urgency to remove Ramesh Kumar, especially when people in the state are suffering due to lockdown and the spread of corona virus. The Nagari municipal commissioner has been removed because he said there was shortage of medical supplies,” Devineni Uma said.

“The government should have honoured Ramesh Kumar for putting off the elections. Ramesh Kumar’s decision has averted a big danger to the state and its people in the light of the corona virus. It is sad that the government was making attempts to remove him. Where is the need for the government to remove Ramesh Kumar right away when the state is facing the corona pandemic. Jagan is trying to cover up for his failure to handle the corona crisis efficiently by removing doctors and municipal commissioners who pointed fingers at the governance. Now, they are making attempts to remove the SEC. This is a tuglaq government,” APCC working president Tulasi Reddy said.

State Election Commissioner N Ramesh Kumar had postponed the elections to local bodies citing the threat of corona virus. In the run up to the elections to local bodies, Ramesh Kumar noted that there were widespread incidents of violence perpetrated by the ruling dispensation against the opposition parties, mainly the TDP, Bharatiya Janata Party (BJP) and Jana Sena workers and activists right in the presence of the police.

The YSRCP government ruling challenged the SEC decision in the Supreme Court. As a slap on the face of the state government, the apex court upheld the SEC decision to defer the polls while asking the election commission to partially lift the model code of conduct. Subsquently, Ramesh Kumar shot off a letter to the Union Home Secretary expressing fear that there is a serious threat to his life and that of his family from the ruling dispensation in Andhra Pradesh. The YSRCP leaders, including party president Jagan Mohan Reddy attributed caste motives to Ramesh Kumar for deferring the polls as he belongs to the same social community as Chandrababu Naidu.

In a five page letter addressed to Home Secretary, Ramesh Kumar said he and his family had been receiving repeated warnings and endless threats from the members of the ruling party ever since the State Election Commission as a constitutional authority took the decision to defer the elections by six weeks. “There is an unprecedented assault on me personally and the State Election Commission since postponing the elections on 15.03.2020 by no less than the Chief Minister who had attacked me in most vitriolic and offending language casting aspersions and prejudice in his press meet on 15.03.2020,” he wrote in his letter. In view of the constant intimidation and threats, the state election commissioner sought police protection.

Telugu360 is always open for the best and bright journalists. If you are interested in full-time or freelance, email us at Krishna@telugu360.com.

Opinion – Who’s Mr Right: CM or SEC?

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Opinion – Who’s Mr Right: CM or SEC?

Coronavirus is a reality now. Then many questions arise in front of AP people. Who is right? Nimmagadda Ramesh Kumar who postponed elections following the scare of COVID 19? Or, Jaganmohan Reddy who considers paracetamol or bleaching powder is enough to tackle the epidemic?

The caste war is on the turf of State Election Commission in the context of local body elections in Andhra Pradesh. Vijaysayi Reddy took the help of names of animals to abuse the State Election Commissioner. But Jagan blames everything on caste saying Nimmagadda belonged to social category (caste) of Chandrababu Naidu. Social media is already agog with a section praising Chandrababu for his ‘master political stroke’ to get elections postponed through the SEC whom he got appointed. They are happy that YSR was taught a tough lesson. Earlier it was Legislative Council Chairman, who stalled the Three Capitals Bill to select committee, and now the SEC, according to them who blocked the ruling party in preventing their victory in local body elections.

But Corona virus is a reality, its spread is the news globally and locally. Though Andhra Pradesh is least affected, its scare is very high among all, which, the TDP supporters feel was a right ground for deferring elections. The YSRCP is up in guns that TDP used its influence to postpone their humiliating defeat. It is not known why the SEC did not act against violent prevention of nominations of TDP candidates which resulted in YSRCP bagging many seats unanimously. When pro-TDP media criticised the SEC for its inaction against alleged atrocious attacks, the SEC took a drastic step to postpone entire elections. Critics say that whole-sale postponement never happened, though the SEC has power to cancel or postpone election in a booth, constituency or region.

A journalist pointed out that the reaction of the Chief Minister Jagan to SEC decision, and the language adopted by his MP Vijaysai Reddy was wild and improper. How could caste question be brought in? YSR supporters say why not when it’s a fact that both belong to same caste, and their bonding is not secret? To counter this, the TDP circles say that Nimmagadda, though was senior and eligible, was not made the Chief Secretary by Chandrababu regime.

The questions repeatedly asked are: Whether the State Election Commissioner has enough constitutional authority to postpone elections to local bodies in toto for six weeks? The power he exercised in postponing the elections along with transferring the district officers was within the limits of due process? Whether SEC’s action is on evidence, data, or consultation? Fourth question is whether it is proper for SEC and CM to have done and said as they did?
The SEC got all the powers that Central Election Commission has. The 73rd and 74th Constitutional amendments conferred overall supervisory powers on SEC as an independent body in each state in India to conduct elections to local bodies. The SEC is not subordinate to CEC. It is totally independent of CEC. While CEC is a multimember body, the SEC is a single person authority. The SEC is appointed by the Governor, who generally is supposed to act on advice of the Chief Minister.

Article 243K is an omnibus provision in the Constitution inserted by 73rd Amendment, which gives general power of superintendence and control in conduct of elections to the local bodies. It says: “The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.

Article 324 regarding CEC says “The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State …
243K (2) Subject to the provisions of any law made by the Legislature of a State the conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine:
Andhra Pradesh Panchayat Raj Act, 1994 Section 200 deals with Constitution of Andhra Pradesh Election Commission for Local Bodies. It says (1) There shall be constituted a State Election Commission for Local Bodies for the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of elections to, all the Panchayat Raj Institutions governed by this Act.

Due care, due consultation with all political parties involved in elections, the officers supposed to conduct the election at ground level, and due data or evidence to prove COVID 19 danger, etc were essential to an objective decision.

The SEC reportedly stated that he took the view of senior functionaries, which the Chief Minister disputed saying that Principal Secretary Health was not consulted, who else could be senior to him the SEC would have consulted. It is not known whether he consulted all political parties. There are genuine doubts about due process before taking such a drastic decision. The high office holders are expected to act without bias. Administrative law and ethics demand meticulous effort to avoid the bias based on caste, political, official or personal or any such possibility that generates doubts about genuineness.

Fuming Jagan

It’s a real shock to YSR party as they hope to sweep elections. Jagan strongly reacted and attributed caste bias to N Ramesh Kumar, who has a clean career. Is it his mistake to be a social category in which TDP leader Chandra Babu Naidu also was born? Jagan took serious objection to transfer of district collectors and SPs, while postponing the elections indefinitely. He asked, “Who is CM? Me or Nimmagadda?”. Fact is that both hold Constitutional offices.

SEC’s full control

The SEC has also complete control over the officers and the staff of the Government which is kept under his control for the conduct of elections as long as the code of conduct is in force. Article 243K (3) says that the Governor of a State shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by clause (1).

Postponement

In a press conference on Sunday, SEC cited Covid 19 to defer elections. He has used the advisory sent by the Centre to State Governments “to control large gatherings. Voters will be gathering in large numbers for the upcoming elections, and there will be long queues. As we are using paper ballots, human contact chances are high”. The SEC also issued a notification that says, ‘the Commission also took into consideration, the movement of many voters from Hyderabad and Telangana region, who would travel to their native places, to vote’. It also said: “There may be large scale movement of voters from into the State from the neighbouring States of Telangana, Karnataka, Odisha and Tamil Nadu to participate in the local body elections, which are keenly fought.” The SEC said it was only postponement and not cancellation, and after normalcy, the process will be resumed.
In fact, the Covid 19 scare in AP is not as serious as in Telangana or New Delhi. It is difficult to agree that there would be shifting of huge masses from four neighbouring states to cast votes. Whether the SEC consulted all political parties involved in elections or did he organize a meeting with state officers to check with the impact of virus and possibility of voters traveling from other states? It was neither mentioned in press conference or notification.

Why Caste Question raised?

Several critics think that Chief Minister should not have raised the caste question and allege that N Ramesh Kumar’s postponement was biased as he belonged to same social group to which former Chief Minister, Chandrababu Naidu, who recommended his name to Governor. The Chief Minister suspects the hand of TDP leader, and he cited the transfer of higher officers while postponing the elections. The postponement without so many transfers would have left no scope for the questions of bias or mala fide exercise of huge discretionary power.

At the same time the language used by the Chief Minister against an independent State Election Commission also has raised eyebrows among political circle. The Chief Minister was expressing his frustration and helplessness of democratically elected party as the leader of opposition was wielding more power through the officer holders appointed during his time. The TDP strongly supported the decision of postponement in view of Corona Virus spreading like an epidemic, and praised it as independent decision of the SEC.

Can Jagan get SEC removed?

What can Jagan do now, after elections are postponed for six weeks? He is frustrated and asked am I CM or not? Can he get the order postponement reversed? Can he get SEC removed?

Chandrababu Naidu recommended N Ramesh Kumar as SEC in 2016, who will have five-year tenure. Constitutionally, he has all the powers to effectuate free and fair polls to elect local bodies. He cannot be removed as per law. Governor also cannot reverse the order of postponement.

Proviso to Article 243K (2) of Constitution says: the State Election Commissioner shall not be removed from his office except in like manner and on the like ground as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment. The High Court judges are constitutional functionaries and hence they can only be impeached by the Parliamentary resolution and Presidential removal. The SEC is appointed by Governor but cannot be removed by Governor. Generally, SEC is answerable to law and should act according to Constitution, but Governor has no power to alter his decisions. The SEC has high power of discretion, that is why a senior, mature and well experienced officer is expected to be recommended by the Chief Minister to the Governor for this high position.

Andhra Pradesh Panchayat Raj Act, 1994 Section 200 (3) is also similarly coached. It says: ‘The conditions of service and tenure of office of the Andhra Pradesh. Election Commissioner for Local Bodies shall be such as the Governor may, by rule, determine: Provided that the Andhra Pradesh Election Commissioner for Local Bodies shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and the conditions of service of the Andhra Pradesh Election Commissioner for Local Bodies shall not be varied to his disadvantage after his appointment’.

The High Court judge cannot be just removed by drop of hat. There should be a motion in Parliament first, then SC should inquire, if allegations are proved, the motion should be put to vote, if that is passed, the President can remove him. Will this process be initiated?

Telugu360 is always open for the best and bright journalists. If you are interested in full-time or freelance, email us at Krishna@telugu360.com.

Black days for democracy and AP voters

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Black days for democracy and AP voters

During the election process, the State Election Commissioner (SEC) is constitutionally obliged to enforce model code and ensure compliance of the government officials with poll guidelines. But in AP now, SEC Ramesh Kumar got approval from the Centre to conduct elections in AP by sitting in the neighbouring Telangana state’s Capital, Hyderabad. How can he implement code? How can he attend to grievances and complaints to ensure level playing field? It is not possible to create confidence in voters and contesting candidates of non-ruling YCP. Moreover, the police and the revenue staff will commit greater violations in order to please their political bosses.

Analysts are saying that SEC’s decision reflected black days for Indian democracy in general and for AP voters in particular. A virtual constitutional crisis is created. The Union Home Ministry needs to take proactive steps and ensure that SEC carries out his functions from AP itself. The situation is indeed grave in AP. YCP used threats and intimidation but Ramesh Kumar has not resigned and he stuck to his stand. CM Jagan is not altering his plans to create confidence in SEC to come and work from Vijayawada. Much depends on Governor to resolve this constitutional crisis immediately and prevent a grave danger to democracy at large.

Telugu360 is always open for the best and bright journalists. If you are interested in full-time or freelance, email us at Krishna@telugu360.com.

Security cover beefed up for Ramesh Kumar

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Security cover beefed up for Ramesh Kumar

Following the letter controversy, the government has stepped up security for State Election Commissioner N Ramesh Kumar. This is seen as an emergency issue considering the fact that the ruling YCP leaders continued their attacks on SEC. Now, Ramesh is getting 4+4 security cover in place of the earlier 1+1 security. Conflicting reports are emerging on the question of whether SEC letter to Union Home Secretary was real or fake. But, so far, Ramesh Kumar has not held any press conference to deny the letter till now. On the other hand, the TDP is saying that SEC would have held a direct press conference if he has not really written the letter.

There are also reports that Ramesh Kumar has sent this letter from his own email and this is highly confidential. Whatever, the developments occurring after letter controversy has increased tensions. It has eventually led to the government stepping up his security cover. The TDP is objecting to the CM ordering his officials to probe into who has actually written the letter. Instead, the government do well if it focuses on burning problems like corona virus preventive measures.

Telugu360 is always open for the best and bright journalists. If you are interested in full-time or freelance, email us at Krishna@telugu360.com.

Threat to me and my family from YSRCP, Ramesh Kumar writes to Home Secretary

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Threat to me and my family from YSRCP, Ramesh Kumar writes to Home Secretary

State Election Commissioner N Ramesh Kumar, who postponed the election to local bodies, fears that there is a serious threat to his life and his family from the ruling dispensation in Andhra Pradesh.

In a five page letter addressed to Home Secretary, Government of India, Ramesh Kumar said he and his family had been receiving repeated warnings and endless threats from the members of the ruling party ever since the State Election Commission as a constitutional authority took the decision to defer the elections by six weeks.

“There is an unprecedented assault on me personally and the State Election Commission since postponing the elections on 15.03.2020 by no less than the Chief Minister who had attacked me in most vitriolic and offending language casting aspersions and prejudice in his press meet on 15.03.2020,” he wrote in his letter.

Further, he complained to the Home Secretary that it was not just the chief minister alone who was indulging in personal attacks against him. His colleagues, including Andhra Pradesh Speaker Tamineni Sitaram and other Cabinet Ministers were hurling choicest of abuses attributing malafide intentions to the SEC’s decision to put off the elections. This had become almost a daily affair, Ramesh Kumar wrote.

In view of the constant intimidation and threats, the state election commissioner sought police protection. “I have been advised by well-wishers and colleagues who are well versed in security matters that the State mechanism is not equal to the threat perceptions I am facing. There are real apprehensions of physical threats, attacks directed against me and family members. Looking at the intolerant face of the top leadership of the present dispensation and their faction ridden background and known vindictive nature, I have come to the painful conclusion that my safety and my family’s safety is in great peril,” he wrote to the Home Secretary.

Despite the threats to his life and intimidations to his family members, the state election commissioner said he was firm on his ground adhering to the constitutional safeguards and the empowering judgments of both the Supreme Court and High Court to ensure free and fair elections.

In the run up to the elections to local bodies, Ramesh Kumar noted that there were widespread incidents of violence perpetrated by the ruling dispensation against the opposition parties, mainly the Bharatiya Janata Party (BJP) and Jana Sena workers and activists right in the presence of the police. “The State had witnessed unprecedented violence and intimidation by the ruling party with the active connivance of police personnel as alleged by all the opposition parties big and small in one voice,” he wrote

There were about 35 incidents of prevention of nominations, 23 incidents of forceful withdrawals and 55 instances of violence targeting the principal opposition parties, mainly the Telugu Desam Party and the BJP-Janasena combine. “The norms of peaceful and orderly conduct of elections were completely vitiated,” he wrote.

The violence reached an unprecedented level with the political parties apprehensive to even campaign while there was fear psychosis among the electorate due to a series of incidents of violence in Andhra Pradesh ahead of civic body elections. In such a scenario, the polling percentages would have definitely hit the abysmal rock bottom. On the other hand, the rich and the elite classes were in no mood to congregate at the polling booths given the corona virus scare, Ramesh Kumar noted in his letter.

The violence was further heighted after Andhra Pradesh Chief Minister Y S Jagan Mohan Reddy issued a diktat to his ministers that they will be stripped of their berths and MLAs will be denied tickets if the YSRCP were to lose the civic body elections. “This had spurred the Ministers, MLAs and party cadres into frenzy and indulge in large scale violence and intimidation indulged with impunity and widely captured both in electronic and print media leaving the citizens aghast,” the election commissioner wrote in his letter.

Ramesh Kumar, in his letter, said ZPTC posts were declared as unanimously won by YSRCP in Kadapa district. “ln Kadapa district, there was a piquant situation with the Zilla Parishad bagged by ruling YSR Congress Party through unanimous elections that witnessed unheard of violence even before a single ballot was cast,” Ramesh Kumar wrote.

Subsequently, the State Election Commission after obtaining reports and complaints from various political parties recommended to the government to act against defaulting officers (vide its Order dated 15.03.2020 ordering …

1. Transfer of Collectors of Guntur and Chittoor Districts and Superintendents of Police of Guntur Rural and Tirupati Urban.

2. Transfer of 2 Dy. SPs (Srikalahasti and Palamneru)

3. Transfer of 3 Circle lnspectors of (Punganur, Rayadurgam and Tadipatri)

4. Suspension of circle inspector of Macherla for gross failure and complicity

In this background, the State Election Commission was actively deliberated on stringent measures to check the unabated violence and to bring about course correction. The declaration by central government that the Corona virus as a notified disaster and the strict health advisories against public gatherings had cast a shadow on the elections, he wrote. The SEC took inputs from the government of India and other top health officials before arriving at the decision to put off the elections. Further, the SEC also took a cue from the State Election Commissioners of Maharashtra, West Bengal and Orissa who postponed elections in their respective states in view of coronavirus scare. “The State Election Commission’s stand is completely vindicated after the Supreme Court upheld our decision,” he wrote.

With the Supreme Court upholding the SEC decision, Ramesh Kumar fears that the YSRCP government will further indulge in vendetta against him and his family. “The road ahead is a testing time beset with challenges and acrimony as the Government of the day lacks in grace to treat Constitutional bodies with due dignity and reverence,” he wrote his letter to Home Secretary.

“Under the circumstances, I have no other recourse other than appealing to the Government of lndia and the Home Ministry to come to my rescue and provide a security cover through appropriate Central Police Force commensurate with the current risk perceptlons.

“I am greatly disturbed and apprehensive for my safety and the security of family members. At this point of time, it also suits me to reside at Hyderabad which is relatively safe but not completely so as the adversaries have a long reach.”

“Throughout the elections, I have stayed ensconced in my office itself which is presently protected with a posse of State police. I dare not venture outside without full protection, Ramesh Kumar wrote. Further he pointed out that once the election process gets over, the state election commissioner fears he and his family are completely vulnerable,” he wrote.

Telugu360 is always open for the best and bright journalists. If you are interested in full-time or freelance, email us at Krishna@telugu360.com.

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