Nimmagadda Ramesh Kumar yet to be reinstated as SEC: AG Says Ramesh Kumar can't resort to self-restoration

Update: 2020-05-31 00:22 IST
S Sriram

Tadepalli: Advocate-General S Sriram reacting to the High Court judgment on curtailing the tenure of the State Election Commissioner, said that Ramesh Kumar resorted to self-restoration as the SEC whereas there was no such order. "If people want to create an interim pandemonium over the judgment we cannot help it. But we are entitled to approach the Supreme Court and we do so," he added pointing to the political commentaries on the issue.

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Addressing the media here on Saturday, the Advocate-General said that there would be at least two months to appeal before the Supreme Court.

"Ramesh Kumar cannot restore himself in the office before the State government reinstated him since the High Court ordered the government to restore him."

He added that the government had filed to seek a stay order on the same in the afternoon of the judgment seeking to go to the SC and said the High Court, technically, clarified that the government could not recommend to the Governor the candidate for the SEC post in case of Justice Kanagaraj and hence the same would apply to Ramesh Kumar too as he was recommended by then Chief Minister N Chandrababu Naidu and his Cabinet. Hence, the same law should apply to Nimmagadda too, he said.

Referring to the High Court judgment, Sriram said that Ramesh Kumar instructed the counsel for the State Election Commission Prabhakar to resign by Sunday morning as he was going to appoint another counsel in his place. "Ramesh Kumar has no such powers to seek resignation of the counsel," Sriram asserted.

"The High Court stated that Section 200 of the Panchayat Raj Act is outside the jurisdiction of the State government to appoint a principal secretary as the SEC which means the appointment of Ramesh Kumar by the then government was also not valid," he pointed out. Sriram said that the officials need not heed to the instructions of Ramesh Kumar.

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