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A day after the Andhra Pradesh Legislative Assembly handed a decision opposing conduct of elections to native our bodies, the State Election Commissioner N Ramesh Kumar on Saturday wrote to Governor Biswabhusan Harichandan, saying it was towards the spirit of the Constitution. Asserting that the State Election Commission was an autonomous establishment as per Article 243Okay of the Constitution, Ramesh Kumar stated conducting elections to native our bodies was its duty.
The Election Commission of India and the State Election Commission loved related powers, he famous. The state Assembly on Friday hit out at the SEC for looking for to conduct elections to the native our bodies amid the COVID-19 pandemic and handed a decision stating that the current scenario in the state was not conducive for elections in February 2021.
It stated an unseemly scenario has arisen in the state the place the “unilateralism of the SEC” has been seen even by the Supreme Court of India, which directed that additional selections after the preliminary postponement of elections shall be in session with the state (authorities). “While the assembly recognises with respect the independence of the constitutional bodies specifically conferred with powers, it notes that unilateral decisions without considering bonafide concerns of the elected government would be inconsistent with the constitutional scheme,” the decision stated.
The House additionally resolved that appropriate authorized provisions be integrated in the AP Panchayat Raj Act, 1994, and consequent guidelines to deal with such conditions. Reacting to this, the SEC, in his letter, impressed upon the Governor that the name for holding the elections with the consent of the state authorities was towards the spirit of the Constitution.
Ramesh Kumar additionally sought to preempt the Jagan Mohan Reddy governments transfer to amend the AP Panchayat Raj Act, 1994, requesting the Governor to reject any such potential Ordinance. He urged the Governor to search counsel, if required, from authorized specialists of the Supreme Court on the challenge.
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