Vijayawada: Andhra Pradesh State Election Commissioner, Nimmagadda Ramesh Kumar on Wednesday moved the High Court for contempt of court proceedings against the AP government for not implementing the court order and not allowing him to resume work. The High Court has taken up the petition for hearing.
In his petition, Ramesh Kumar argued that the High Court's orders clearly ordered his reinstatement as the SEC. But, the AP government has failed to comply so far which holds the AP government in contempt and the chief secretary, the panchayat raj department secretary, and the SEC secretary liable for prosection as respondents under Sections 10 and 12 of the Contempt of Courts Act.
Ramesh Kumar accused the Andhra Pradesh government of violating the May 29 directions of the High Court in the petition.
Chief Minister YS Jaganmohan Reddy-led AP government had removed Ramesh as the SEC on April 10, by bringing an Ordinance reducing the tenure of the SEC to three years from the original five years. The AP government has appointed retired High Court Judge Justice V Kanagaraj in his place.
Expressing displeasure over the Ordinance, Ramesh and several others including senior BJP leader Dr Kamineni Srinivas challenged the Ordinance in the High Court.
Subsequently, the AP High Court on May 29 struck down the Ordinance, declaring it unconstitutional.
It may be recalled that the AP government also challenged the High Court judgment in the Supreme Court.
However, the Supreme Court on June 10 made several observations on the government's intentions in bringing the Ordinance and refused to grant a stay on the High Court judgment.
It called for responses from all respondents within two weeks. Nimmagadda Ramesh Kumar claimed that the refusal of the Apex Court to stay the HC judgment meant that he should be allowed to continue as the SEC.
"Despite orders from the courts, I am not being permitted to resume my duties as the SEC," Ramesh Kumar said. He also brought to the notice of the HC that even though Justice V Kanagaraj has taken over his duties, he is still being treated as the SEC and the facilities provided to the post are being continued to him