Nimmagadda Ramesh Kumar on Monday filed a counter affidavit in the AP High Court in reply to the writ petition moved by state government on his removal as the State Election Commissioner (SEC) after the promulgation of ordinance.
In his 17-page counter affidavit, Ramesh Kumar argued that it was factually incorrect that the ordinance was brought in as part of the electoral reforms. In fact, the ordinance was issued with the mala fide intention to remove him for allegedly not consulting the government before announcing deferment of the civic polls and for taking certain other decisions that were not to its liking.
Ramesh Kumar was removed as SEC upon the promulgation of the ordinance and was quickly replaced by Kanagaraj, retired judge, Madras High Court
In the counter affidavit, Ramesh Kumar cited the reasons that led to the decision to postpone the elections. Ramesh Kumar contended that the decision was taken in the larger interest of public health after the Union government declared the Covid-19 outbreak a national disaster. He argued that the decision was taken under extraordinary circumstances and after due consultations with all stakeholder and that the SEC has powers on par with the Election Commission of India as per Sections 243K and 243ZA of the Constitution of India and Section 7 of Municipal Act to defer elections.
In the affidavit, Ramesh Kumar had argued that the state government was against a free and fair election and his response to postpone the local body elections for six weeks upon receiving complaints, led to his removal from SEC chair. Ramesh Kumar also citied series of violent attacks against Opposition party leaders in run up to the elections, forcible prevention of Opposition party candidates from filing nominations.
On April 25, the state government asserted that it did not bring out the ordinance amending the AP Panchayat Raj Act to sack Ramesh Kumar as SEC. In an affidavit, the state government argued before the High Court that the ordinance was issued as part of electoral reforms.
