Point of Law: Subject to the provisions of the Constitution, the State legislature may make laws for the whole or any part of the State. In Article 246 dealing with power of the State legislature, in Clause (3) it is specified that the State legislature has power to make laws on any of the matters specified in List II of Schedule 7 of the Constitution

ORDER :

J.K. Maheshwari, J

As the issue involved in all these petitions is common and the proceedings impugned therein are one and the same, they are heard together and are being decided by this common order.

2. All the above writ petitions have been filed challenging the Ordinance No.5 of 2020 i.e., Andhra Pradesh Panchayat Raj (Second Amendment) Ordinance, 2020 (for short, ‘the impugned Ordinance’) dated 10.04.2020, promulgated by the Governor of Andhra Pradesh, substituting Section 200 of the Andhra Pradesh Panchayat Raj Act, 1994 (for short, ‘the APPR Act’); G.O.Ms.No.617 Panchayat Raj and Rural Development (E&R) Department, dated 10.04.2020 has also been assailed, by which the Andhra Pradesh Panchayat Raj (Salaries and Allowances, Conditions of Service, Tenure of State Election Commissioner) Rules, 2020 (for short, ‘the New Rules, 2020’) were notified replacing the existing Andhra Pradesh Panchayat Raj (Salaries and Allowances and Conditions of Service of State Election Commissioner) Rules, 1994 (for short, ‘theOldRules,1994’). The consequential notification in G.O.Ms.No.618, Panchayat Raj and Rural Development (E&R) Department, dated 10.04.2020, directing that the incumbent State Election Commissioner (for short, ‘the SEC’) Dr. N. Ramesh Kumar, (hereinafter referred to as, ‘Mr.A’) ceases to hold the office prior to completion of the tenure, and another G.O.Ms.No.619, Panchayat Raj and Rural Development (E&R) Department, dated 11.4.2020, appointing Justice V. Kanagaraj (hereinafter referred to as, Mr.B’), Retired Judge of the High Court of Madras, as SEC of Andhra Pradesh, for a period of three years from the date of assumption of office, in consequence to cessation of office by Mr.A have also been assailed. The facts and averments in the respective writ petitions pleaded to challenge those notifications are referred in succeeding paragraphs.

FACTS IN THE RESPECTIVE WRIT PETITIONS:

3. W.P.No.8163 of 2020:

3.1. This writ petition has been filed by Mr.A, who was holding the post of the SEC of the State of Andhra Pradesh challenging the above proceedings on the ground that they are illegal, manifestly arbitrary and unconstitutional. A consequential prayer has also been made to declare that the petitioner be entitled to serve as the SEC of Andhra Pradesh for the remainder tenure because his appointment was for a period of five years from the date of assuming the office, i.e., 01.04.2016.

3.2. The petitioner averred in the petition that he holds M.A. & Ph.D. in Economics and also LL.B. Degree from Osmania University. He had served the Governor of Andhra Pradesh and Telangana approximately for 7 years as Principal Secretary and later as Special Chief Secretary, prior to assuming the office of the SEC of Andhra Pradesh. He had held important posts as Secretary of various Departments in the State Government. He assumed the office of the SEC of Andhra Pradesh with effect from 01.04.2016 for a tenure of five years, in pursuance to the G.O.Ms.No.11 dated 30.01.2016.

3.3. It is stated that after consultation with the State Government, elections to the local bodies, such as Panchayats and Municipal bodies, in the State were notified by the State Election Commission and accordingly, schedule for filing nominations, conduct of polls, declaration of results etc. was issued, starting the process of election with effect from 07.03.2020. While issuing the Notification for elections, the State Government assured to provide requisite security forces to safeguard against possible poll violence. After issuance of the election Notification and on completion of first stage of election, all the opposition parties have alleged in both print and electronic media that the electoral process had witnessed unprecedented violence and intimidation by the candidates belonging to the ruling party with the active connivance of the police personnel. It is alleged