SC refuses to stay AP HC's order quashing Ordinance on reducing tenure of state poll panel chief

The Supreme Court on Wednesday refused to stay the Andhra Pradesh High Court's order that quashed an Ordinance curtailing tenure of State Election Commissioner from five to three years.

A bench presided over by Chief Justice S A Bobde, however, issued notice to the SEC and N Ramesh Kumar who was restored as the SEC.

During the hearing on a plea by the Andhra Pradesh government, the bench asked the state cousel, "We are not satisfied that your motives were entirely innocent. How can you pass an ordinance like this?"

The counsel contended that the High Court has struck down the provision under which incumbent was appointed.

"The HC has found that decision is ultra vires. The provision for appointment is struck down. How can the incumbent continue in his post," the bench further asked.

The court, however, admitted the matter for consideration.

The HC had on May 29 struck down the Ordinance, promulgated on April 10 by the YS Jagan Mohan Reddy government, reducing the tenure of SEC from five to three years. It had also quashed the appointment of retired judge, Justice V Kanagaraj as the new chief and restored Ramesh Kumar as the chief of the state poll panel.