Do you think discretionary powers don’t come under legal scrutiny?: Andhra HC to SEC

VIJAYAWADA: The Andhra Pradesh High Court on Saturday questioned the State Election Commissioner (SEC) Nimmagadda Ramesh Kumar whether the Commission is of the view that the discretionary powers it has do not have any limitations and such powers do not come under legal scrutiny.Justice DVSS Somayajulu asked this question while hearing a writ petition filed by M Ramireddy of Palapadu of Guntur district seeking directions to the SEC to conduct elections to the MPTCs and ZPTCs. Justice Somayajulu reserved verdict on the petition after hearing the arguments of the petitioner, the SEC and the State government.

In the petition, Ramireddy maintained that the SEC is yet to take steps to resume the process of elections to MPTCs and ZPTCs to serve the interests of the TDP in the wake of the overwhelming victory of the ruling YSRC in the elections to gram panchayats and urban local bodies.

Arguing on behalf of the SEC, senior counsel N Aswini Kumar said the court cannot question every decision of the Commission and scrutiny of the discretionary powers of the Commission is nothing but an interference in its functioning. Aswini Kumar said no decision was taken on conduct of elections to the MPTCs and ZPTCs and that the same cannot be faulted. 

Aswini Kumar said the Commission has the powers to take a decision on when to conduct the elections and it need not make its plans public. He said the petition was filed based on the leaked letter written by the Commission to the Governor and Ramesh Kumar has filed a petition in the High Court on the issue (leakage of classified letters between Governor and the Commission).

Advocate General S Sriram informed the court that a person holding a constitutional post should not behave in an irresponsible manner with respect to another constitution body. Sriram said Ramesh Kumar, who earlier was interested in conducting the local elections, is now acting in a different manner. Sriram said the SEC is not above legal scrutiny.Justice Somayajulu said the SEC should use his discretionary powers in the manner that they have to be used.