In a major setback to Andhra Pradesh government, the High Court struck down AP Panchayat Raj (Second Amendment) Ordinance (No.5 of 2020) and the consequential G.Os 617, 618 and 619 through which it cut short the term of the State Election Commissioner (SEC) from five to three years resulting in the expulsion of Nimmagadda Ramesh Kumar from that post.
A two-judge bench of the court comprising Chief Justice J.K. Maheswari and Justice M. Satyanarayana Murthy directed the government to reinstate Mr. Ramesh Kumar as SEC with immediate effect.
This leads to the exit of Madras High Court retired judge V. Kanagaraj who was appointed as SEC soon after Mr. Ramesh Kumar was forced to demit office through the ordinance route.
The High Court found merit in Mr. Ramesh Kumar's argument that the power conferred under Article 213 of the Constitution to promulgate ordinances was not an absolute entrustment but conditional upon the satisfaction that the circumstances exist for such an action.
https://www.thehindu.com/news/national/andhra-pradesh/ap-high-court-orders-reinstatement-of-ramesh-kumar-as-state-election-commissioner/article31701259.ece
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In a major setback to Andhra Pradesh government, the High Court struck down AP Panchayat Raj (Second Amendment) Ordinance (No.5 of 2020) and the consequential G.Os 617, 618 and 619 through which it cut short the term of the State Election Commissioner (SEC) from five to three years resulting in the expulsion of Nimmagadda Ramesh Kumar from that post. A two-judge bench of the court comprising Chief Justice J.K. Maheswari and Justice M. Satyanarayana Murthy directed the government to reinstate Mr. Ramesh Kumar as SEC with immediate effect. This leads to the exit of Madras High Court retired judge V. Kanagaraj who was appointed as SEC soon after Mr. Ramesh Kumar was forced to demit office through the ordinance route. The High Court found merit in Mr. Ramesh Kumar's argument that the power conferred under Article 213 of the Constitution to promulgate ordinances was not an absolute entrustment but conditional upon the satisfaction that the circumstances exist for such an action. https://www.thehindu.com/news/national/andhra-pradesh/ap-high-court-orders-reinstatement-of-ramesh-kumar-as-state-election-commissioner/article31701259.ece
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