The Supreme Court on Friday dismissed a petition filed by BJP leader Suvendu Adhikari, challenging the Calcutta High Court order over the deployment of Central Paramilitary Forces for local body elections in West Bengal.

A Bench comprising Justice D.Y. Chandrachud and Justice Surya Kant refused to entertain the plea, which challenged the Calcutta High Court for directing the State Election Commissioner to examine the ground situation in each of the 108 West Bengal municipalities going to polls on February 27, and take a decision on deployment of Central Paramilitary forces there.

The matter was on Thursday mentioned by Senior Advocate P.S. Patwalia, for BJP leaders Mousumi Roy and Pratap Banerjee, before the bench of Chief Justice N.V. Ramana for urgent listing. Patwalia told the CJI that the High Court has put the ball in the court of State Election Commission (SEC).

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The Senior Advocate submitted that BJP candidates were not being permitted to file nominations. There have been certain perpetuated incidents. The candidate from BJP raised protest against AITC that he was threatened. The State says there are no incidence of violence. It was in this scenario that we approached the court. We asked the central forces as a supplement to the State forces. There were 5 instances to show State Election was leaning towards AITC

The Calcutta High Court on Wednesday directed that the Commissioner, State Election Commission will collect information in respect of the conditions prevailing in each of the Municipalities where the elections are scheduled and will hold the joint meeting with the Home Secretary of the State and the Director General and Inspector General of the Police within 24 hours and will examine the ground situation of each of the 108 Municipalities and take a decision in writing in respect of deployment of paramilitary forces by mentioning the relevant circumstances in support of his decision to deploy/not to deploy the paramilitary forces.

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“If the Commissioner, State Election Commission takes the decision not to deploy the paramilitary forces, then he will be personally liable to ensure no violence takes place and free, fair and fearless elections take place in the municipality where paramilitary forces are not deployed,”

-the High Court ordered.

A petition was filed by the BJP leaders with a prayer to deploy central forces for the elections to 108 municipalities in West Bengal on February 27.

The Supreme Court on Tuesday reserved its order on a plea filed by the State of Goa challenging the order dated March 1, 2021, passed by the Bombay High Court at Goa by which it had set aside and quashed the notification for elections in the five municipalities. (The State of Goa & Anr. Vs Fouziya Imtiaz Shaikh & Anr.)

A three-judge bench headed by Justices Rohinton Fali Nariman, B. R. Gavai and Hrishikesh Roy has reserved its order on Tuesday on an appeal against the High Court order which had set aside the election notification in the municipalities of Margao, Mapusa, Mormugao, Sanguem and Quepem. The Apex Court has directed parties to file their written submissions by March 12, 2021.

The Apex Court on 04/03/2021 had issued notices to the state election commission and Fouziya Imtiaz Shaikh, a petitioner in the High Court who had filed a caveat to prevent any ex-party order.

The Apex Court in its order dated March 4, 2021 had said,

“Having heard Mr. Tushar Mehta, learned Solicitor General for the petitioner, Mr. Atmaram NS. Nadkarni, learned Senior Advocate for the Respondent No.1 and Mr. Abhay Anil Anturkar, learned counsel for the Respondent No.2, we stay the impugned direction of the High Court as well as the Election Commission notification which is in pursuance of the High Court judgment.”

The Bombay High Court at Goa had allowed the SEC to continue the election process in other municipalities while striking down one in the five municipalities for not reserving the wards for women as required under the law.

After the Bombay High Court decision stopped by the Apex Court, the SEC can go ahead with the elections in the five municipalities that were kept in abeyance.

The Bombay High Court had said in its order that, “The impugned order dated 04/02/2021 issued by the Director and exofficio Additional Secretary, Municipal Administrator/ Urban Development, Goa in so far as it concerned the Municipal Council of Sanguem, Mormugao, Mapusa, Margao and Quepem is quashed and set aside.”

It had directed the Director and ex-officio Additional Secretary, Municipal Administrator/Urban Development, Goa to issue fresh notification under sub-section 1 of Section 9 r/w. Subsection 1 of Section 10 of the Goa Municipalities Act, 1968 within a period of 10 days from today, thereby ensuring inter alia, reservation for women of not less than on-third of the total number of seats reserved for direct elections to the Municipal Councils.

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The Bombay HC at Goa had said,

“While exercising the power afresh and rectifying the gross illegalities pointed out in our judgment and order, the Director shall give due weightage to our observations made therein. The State Election Commission of Goa is directed to expeditiously notify the election programme, on the order for reservation of seats in the Municipal Councils being issued by the Director, Respondent No.2 and the State Election Commission shall align the schedule of election in a manner, to ensure its completion by fixing up its various stages as per the Goa Municipalities (Election) Rules, 1969 and the culmination of the process on or before 15th April,2021.”

The Bombay High Court at Goa had observed in its order that,

“Elections are the central institution of democratic representative governance, since in the democratic setup, the authority of the Government derives solely from the concept of the governed. The principal mechanism for translating that consent into governmental authority is the holding of free and fair elections. Democratically elected nations burgeon on absolutely free and impartial elections and India being a colossal democracy demands such a process.”

Read the Bombay High Court at Goa Order and the Supreme Court Order

The Supreme Court on Monday dismissed the plea filed by the state of Andhra Pradesh against the decision of State Election Commissioner N. Ramesh Kumar to hold panchayat polls in the state amid the Covid-19 vaccination drive. 

Justice Sanjay Kishan Kaul noted election process in the country has been held in far more difficult conditions. Justice Hrishikesh Roy was also part of the bench which was hearing the appeal filed by the Y.S. Jagan Mohan Reddy-led Government in the State of Andhra Pradesh challenging the decision of State Election Commissioner to hold Panchayat polls. 

Justice Sanjay Kishan Kaul said ego problem between two authorities was leading to lawlessness. “We cannot allow lawlessness, how can resolutions be passed against N Ramesh Kumar? Elections have been held in far more difficult conditions and successfully.” 

The bench further said that we cannot be a part of this ego battle. “We cannot take over jobs of everyone. There are some political and administrative decisions. Some decisions will be taken by the Election Commission. This makes me feel this is not the issue, it is something else.”

Justice Kaul said it was very difficult to blame or judge anyone. States have conducted elections during Covid-19. Even Kerala did and there is a spike now but we can’t say polls were the reason. “Your behaviour is atrocious and undesirable. Why should election commission make public statements and you are passing staff resolutions against it,” the Court said while refusing to interfere in the decision of the State Election Commissioner. 

The Court was hearing the SLP filed by the state of Andhra Pradesh challenging the High Court’s order whereby it categorically refused to interfere in the State Election Commissioner’s decision to hold panchayat polls. A division bench of AP High Court held that the order dated 08.01.2021 issued by the APSEC notifying the election schedule for the local bodies need not be interfered with as the facts and circumstances of the case does not warrant suspension of the order.

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New Delhi (ILNS): The Telangana High Court has clarified that there will be no early hearing on the petition filed for the Greater Hyderabad Municipal Corporation (GHMC) election. 

The high court heard the petition challenging the amended Section 5(2)(e) Municipal Act 2020, alleging that the holding of elections without reservation rotation method as illegal.

When the petitioner’s counsel sought permission from the court for the petition lunch motion, the Chief Justice refused to hear the motion on these petitions. 

The notification of Greater Hyderabad Municipal Corporation (GHMC) election was released on Tuesday. State Election Commissioner Parthasarathy had said that voting will be held on December 1 and results will be announced on December 4.

The nomination process for GHMC had started on Wednesday. All GHMC Circle offices will accept nomination of candidates by 3 pm. Nominations can be filed till the 20th of this month.

Earlier, on Tuesday the high court refused to stay the ensuing elections to the GHMC and pulled up the petitioner (Congress leader Dasoju Sravan Kumar) for filing a petition in the eleventh hour. The Congress leader had alleged that the State government was not implementing the Supreme Court directives issued in the year 2010 for taking up the exercise of identifying politically backward class people prior to holding the polls.

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Andhra Pradesh State Election Commissioner N Ramesh Kumar has complained to the Supreme Court that high court Judges have been abused on Twitter for their order restoring Kumar as SEC. The government had ordered his tenure to be cut short and had named an alternative SEC. The top court today (July 24) granted a week to the SEC to file an affidavit.

Senior Advocate Harish Salve, appearing for Kumar, informed the bench that that tweets stated that “judges of the AP HC should be locked up with COVID patients.”

Senior Advocate SK Ganguly for the State of AP, said that the state will ensure compliance.

The bench, led by Chief Justice SA Bobde, on perusal of the report, said that the Governor had to intervene to appoint Kumar as SEC after the high court judgment.

After the order of the high court on May 29, reinstating Kumar as SEC, Governor Biswa Bhusan Harichandan on July 23 directed the state government to take necessary action for the reinstatement of N. Ramesh Kumar as State Election Commissioner (SEC).

During its hearing on July 17 on the contempt petition filed by Kumar, the high court had said that he was at liberty to represent his case before the Governor. Accordingly, he met the Governor on July 20.

The Governor’s direction came at a time when the Special Leave Petition filed by the government against the High Court’s verdict and its application for staying the contempt proceedings initiated by Ramesh Kumar are pending disposal in the Supreme Court.

The high court had on May 29 struck down the AP Panchayat Raj (Second Amendment) Ordinance, 2020, through which the government had curtailed the tenure of SEC from five to three years and had made the consequent appointment of retired Madras High Court judge V. Kanagaraj as new SEC.

The high court had further ordered to restore Kumar as SEC, but the order was not complied with.

– India Legal Bureau

The Supreme Court on Wednesday has issued notice in plea by Andhra Pradesh government against order of Andhra Pradesh High Court quashing ordinance provision curtailing the tenure of State election commissioner from five to three years.

A bench led by the Chief Justice SA Bobde stated that the Court is not satisfied that the motives behind passing such an ordinance were entirely innocent. 

“How can you pass an ordinance like this”, he asked. 

Senior By Rakesh Dwivedi appearing for the Election Commission stated that the High Court has struck down the provision under which incumbent was appointed.

A three-judge Bench comprising of Bench of Chief Justice Bobde, Justice Bopanna and Justice Hrishikesh Roy noted that ‘no stay’ will be ordered on the proceedings for now, and also questioned that when the High Court had found the decision to be ultra vires, and the provision for appointment struck down, how can the incumbent continue in his post. 

The Andhra Pradesh government had moved the Supreme Court challenging the state high court’s orders reinstating retired IAS officer Nimmagadda Ramesh Kumar as the State Election Commissioner (SEC), and seeking a stay on the same.

The Andhra Pradesh High Court had issued an order striking down the ordinance promulgated last month which sought to reduce the tenure of the SEC from five years to three years and appointing a judicial officer of the rank of a high court judge as the SEC. This order is the subject of the present special leave petition before the Apex Court. 

The High Court bench comprising chief justice JK Maheshwari and Justice Satyanarayana Murthy had recently on Friday also struck down two government orders that followed the ordinance removing Ramesh Kumar as SEC and appointing retired judge of Madras high court V Kanagaraj in his place. The high court ruled that Kanagaraj’s appointment was illegal and Ramesh Kumar be allowed to continue for the rest of his tenure.

According to the Andhra Pradesh government that challenged this high court order, it had the powers to appoint the SEC and the appointment of Justice Kanagaraj was rightfully done according to the law and the statute. Therefore, the High Court should set aside the order and allow Justice Kanagaraj to continue as the SEC.

The Andhra Pradesh government had also ignored the circular that was issued by Ramesh Kumar after the High Court’s judgment. According to the circular, Ramesh Kumar has stated that he was resuming charge as the SEC following order of the High Court and would discharge his duties fairly and impartially as mandated, and as done by him in the past.

-India Legal Bureau

In a setback of sorts for chief minister Jaganmohan Reddy, the Andhra Pradesh High Court  has ordered the reinstatement of N. Ramesh Kumar as State Election Commissioner, setting aside the appointment of retired Justice V Kanagaraju from Tamil Nadu by state government two months back.

The HC has also set aside an ordinance amending the Panchayati Raj Act to reduce the State Election Commissioner’s (SEC) tenure from five to three years.

Ramesh was removed under controversial circumstances after he postponed local body elections for six weeks when the coronavirus outbreak was taking hold in the state. The government alleged Ramesh’s actions were politically motivated.

On Friday a division bench of the Andhra High Court, comprising Chief Justice JK Maheshwari and Justice M Satyanaryana Murthy set aside various government orders replacing him with Justice Kanagaraju, a retired judge of the Madras High Court.

The reinstatement is with immediate effect and till the end of his term, the court said, noting the state government did not have the authority to curtail the tenure of the SEC.

The court delivered the judgment on a batch of petitions, including one by Nimmagadda Ramesh Kumar, challenging the ordinance and the appointment of a new SEC.

Earlier this month the elections, initially postponed till April 26, were deferred for as second time, the State Election Commission announced. The notification which said polls would be postponed till further orders was issued by Justice Kanagaraj.

Amid a coronavirus pandemic that has infected over 1.6 lakh people across the country, the YSR Congress completed one year in power this week.

In its statement on the occasion, the state said Chief Minister Jagan Mohan Reddy had implemented a “slew of welfare and development programmes” and fulfilled “90 per cent of its poll promises”, adding that it had also emerged as a role model in combating the novel coronavirus.

Andhra has reported over 3,200 COVID-19 cases and 59 deaths so far. As of May 26, there are nearly 15,000 people in quarantine in the state.

-India Legal Bureau