The Supreme Court on Friday gave senior advocate Harish Salve, appearing for Andhra Pradesh State Election Commissioner (SEC) N. Ramesh Kumar, a week to file a detailed reply, including the “abusive” tweets put out against the State’s High Court judges.
A Bench led by Chief Justice of India Sharad A. Bobde was informed by Mr. Salve that the judges who restored Mr. Kumar as the Andhra Pradesh SEC came under virulent attack on social media, including one tweet saying they “should be locked up with COVID-19 patients.”
The Bench took a serious view of the fact that Governor Biswa Bhushan Harichandan had to step in on July 23 to nudge the State government to take necessary action for the reinstatement of Mr. Kumar as SEC as per the May 29 High Court judgment.
The State government had been showing reluctance despite the High Court order and the Supreme Court not staying the reinstatement.
“The Governor had to intervene to appoint Kumar as SEC after HC judgment. There is contempt proceeding. What is this?” Chief Justice Bobde addressed the Andhra government.
On June 10, the apex court had declined the State government’s interim plea to stay the High Court order setting aside the ordinance which amended the Andhra Pradesh Panchayati Raj Act of 1994.
The amendments had included restricting the State Election Commissioner post to only retired High Court judges. Prior to the amendment, retired bureaucrats were also in the zone of consideration. The curtailment of the tenure of the Election Commissioner to three years had compelled the then incumbent to step down. Subsequently, a new Commissioner was appointed.
The YSR Congress government had on April 10 abruptly removed Mr. Kumar from the post following the amendments to the 1994 Act.