Hyderabad: The Andhra Pradesh High Court on Sunday reserved the State Election Commission's order restricting panchayat raj minister P.
Ramachandra Reddy to his home.
The Court restrained the minister from interacting with the media till all phases of the gram panchayat surveys are over on February 21.
The HC came up with the through media solution to fix a surcharged ground scenario, with distinctions between and mutual accusations by the SEC and the Y.S.
Jagan Mohan Reddy federal government in between whom, the court mentioned, there is no love lost.
Passing an interim order in a home motion, moved by the minister and state federal government, Justice D.V.S.S.
Somayajulu brought to the fore the overstepping of their respective jurisdictions by both the minister and the SEC.
The language utilized leaves much to be wanted.
Liberty of speech is not an outright and a reasonable limitation can be imposed, the judge pointed, out referring to the minister's cautioning to returning officers of serious action if they do not announce consentaneous elections.In the exact same breath, the HC observed that the SEC does not have power to direct that the petitioner (minister) be confined to his domestic facilities.
Even more Justice Somayajulu categorically said, The power of superintendence and control over elections and its procedure can not reach passing an order restraining the petitioner from leaving his home.
Dealing with the fragile situation involving two constitutionally empowered bodies on a perpetual clash, the court stated, The petitioner prior to this court is a minister, who has actually taken oath on the Constitution of India.
The very first respondent (SEC) is another Constitutional authority, with certain powers which are given to it for the smooth conduct of the elections in the state.
They are the objecting to parties.
On the minister's contention that he was only propagating the government's policy of encouraging unanimous surveys, Justice Somayajulu said the previous's threat to authorities is a clear disturbance in the election procedure .
The HC's observations that no individual can be denied of life and liberty, except according to the procedure developed by law, also exposed the rifts in the armour of N.
Ramesh Kumar, the State Election Commissioner, whose actions in certain instances have actually drawn prevalent criticism.The HC order, beyond any doubt, establishes that the SEC did not follow due procedure of law in the instantaneous case.