Andhra Pradesh poll panel chief case: SC decision in 2-3 weeks
Court observation:
- The court did not pass any interim orders in the case and would hear it on merits after three weeks.
- 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.
Andhra Pradesh Ordinance:
- The amendments had included restricting the State Election Commissioner post to only retired High Court judges.
- Curtailment of the tenure to three years.
- Prior to amendment, retired bureaucrats were also in the zone of consideration.
High Court observation:
- Court had set aside the amendments as retrospective legislation.
- It said the State did not have the power to appoint State Election Commissioners under Articles 243K and 243 ZA.
- The power to make the appointments lies with the Governor.
- It had found the reduction of the tenure from five to three years arbitrary and in violation of the right to equality under Article 14.
- Ordinance didn’t qualify the test of reasonableness under Article 14.
- State election commission is a constitutional body under article 243K. Its tenure can’t be curtailed in between.
About State election commission:
- Article 243 K: The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to the Panchayats are vested with a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.
- It was brought by 73rd and 74th amendment to conduct the elections for local bodies.
- It is a constitutional body.
- The electoral rolls for local bodies’ elections are prepared according to the rules under the provisions of related Acts, guidelines and instructions given by the State Election Commission.
- Terms and conditions of the services is determined by the governor as per the law made by the state legislature.
-Article 243 k (2): The State Election Commissioner shall not be removed from his office except in like manner and on the like ground as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.
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