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.
