INSUBCONTINENT EXCLUSIVE:
Amaravati: The Andhra Pradesh High Court has down strongly on the state government over the State Election Commission issue, saying it had
developed a 'hostile attitude' towards the SEC and observed that the former's actions were "arbitrary, in abuse of power, position and
process of law" and a gross violation of Article 243K of the Constitution.Justice B Devanand issued an interim order on Tuesday on a writ
petition by the SEC, requesting that the High Court direct the state government to cooperate and assist in all respects for smooth conduct
digest the fact that Nimmagadda Ramesh Kumar was reinstated (as State Election Commissioner)
They have chosen not to cooperate with him, which is a poor sign of the state of affairs
The state government should realise that governments come and go, but constitutional Institutions are permanent and they require to be
protected; otherwise, the democracy of the Nation may suffer immensely," the judge observed.The SEC in its petition pointed out that the
state government failed to co-operate and provide budget and release funds to discharge its duty to conduct free and fair elections, thereby
the petitioner said."The action of the state government in failing to render proper assistance and cooperation to facilitate smooth conduct
of election process is arbitrary and in abuse of power, position and process of law, as also in gross violation of Article 243K of the
Constitution of India," the judge noted.The court also observed that the state government developed a hostile attitude towards the
government has been creating hurdles, adopting a hostile and non-cooperative attitude," it said."In an unprecedented and brazen act, a
criminal case was registered against the Commission and its assistant secretary on certain unconnected and strange set of facts and the
Commission was raided and election records were seized.The High Court subsequently granted a stay on all further proceedings in the case,"
the court pointed out.Many posts in the SEC, like Joint Secretary, Legal Advisor, private secretary and system analyst, were unfilled "for
comprehensive representation to the state government, putting forth their requests and requirements."The state government shall provide the
same and file the compliance report in the High Court
The state government is further advised to maintain a healthy and positive attitude with the AP SEC,"the judge said.The High Court further
observed that the monies spent by the Commission for Justice T Kanakaraj to defend his appointment (as SEC) was "highly unnecessary and
Kanakaraj, which, the Court said was a "waste of public exchequer".Kanakaraj, a retired judge of the Madras High Court, was appointed as AP
State Election Commissioner in May, but his appointment was annulled by the High Court and the Supreme Court, upon which Ramesh Kumar was
