Andhra HC comes down heavily on SEC

National

The High court came down heavily on the State Election Commissioner saying why he needs an official residence in Hyderabad when he is the SEC for the state of Andhra Pradesh. The state election Commission field a WP challenging the action of the government in not releasing funds to the tune of 40lakhs which were sanctioned by the government vide GOMs. 35. When the matter came up for hearing on Tuesday it was brought to the notice of the Court by Mr. Sumon that the amount has already been released on Tuesday morning. The court posted the matter to Wednesday to enable the petitioner to verify the same.

On Wednesday the Petitioner advocate reported that the money has been paid by the second part of their prayer also needs to be answered. The second part of the prayer is that the state government is not cooperating with the SEC and not providing support to the SEC for conducting free and fair elections. It was objected on behalf of the state government that the affidavit does not contain any averment neither has any instance of no cooperation been shown. Further that the state government is constitutionally obligated to provide all support and extend cooperation to the SEC and the state has not shirked from its duty anywhere. Further the support is when the elections are announced and the same has not been done yet. The court asked the petitioner to file an additional affidavit to show instances as alleged by him and posted the matter to today.

The petitioner filed an affidavit attaching various pending bills to be paid to lawyers.  The court asked the Petitioner to show the instances from the affidavit. When the senior counsel read the affidavit the court was of the opinion that the instances mentioned were only in relation to payments of 40 lakhs(payment already made) and RS. 10 lakhs towards advocates bills.

The petitioner also pointed out that some posts have not been filled by the state. But the court pointed out that no proof was filed supporting the same. The petitioner then pointed out a letter written by him wherein he has asked for additional attenders to be provided for him at his residence and that his residence at Hyderabad be declared the official residence of the state election Commissioner.

Hearing this the Judge got furious and asked the petitioner as to why the Petitioner being the SEC for Andhra Pradesh needs an official residence in Hyderabad and another residence In vijayawada and whether the same is not a waste of public money. The court further said that the same was not expected of him. The court was of the view that the Petitioner has not been able to show any such proof except non payment of certain amounts.  The court reserved the interim application seeking support and cooperation of the government to the SEC.