Will Jagan’s Egoistic Decision Stand Legal Scrutiny?

YS Jagan Mohan Reddy Government had shown the door out to Ramesh Kumar and brought in former Madras High Court Judge, Kanagaraj as the State Election Commissioner. Since there is no provision for the State Government to remove a State Election Commissioner, the Government brought in an ordinance to cut short his tenure.

However legal experts say this egoistic decision will not stand legal scrutiny. According to Article 243K in the Indian Constitution, service conditions of the State Election Commissioner can not be varied to his disadvantage after appointment. This will also apply to the tenure of the Commissioner.

The Government can change the tenure only after the current Election Commissioner’s tenure is completed. Allahabad High Court in Aparmita Prasad Singh Vs State of Uttar Pradesh also opined that reduction of tenure of the State Election Commissioner will be a violation of Clause (2) of Article 243-K.

So, it is likely that the Jagan Government will be rapped by the High Court on this issue. The decision of the Government at the time of the Corona Crisis also brought a lot of bad name for the Government. On the other side, there are reports that the Ramesh Kumar will be filing a House Motion Petition in Andhra Pradesh High Court against the acrimonious exit.