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- The court did not pass any interim orders in the case and would hear it on merits after three weeks.
- Court had declined the State government’s interim plea to stay the High Court order setting aside the ordinance, which amended the Andhra Pradesh Panchayati Raj Act of 1994.
- The amendments had included restricting the State Election Commissioner post to only retired High Court judges.
- Curtailment of the tenure to three years.
- Prior to amendment, retired bureaucrats were also in the zone of consideration.
- Court had set aside the amendments as retrospective legislation.
- It said the State did not have the power to appoint State Election Commissioners under Articles 243K and 243 ZA.
- The power to make the appointments lies with the Governor.
- It had found the reduction of the tenure from five to three years arbitrary and in violation of the right to equality under Article 14.
- Ordinance didn’t qualify the test of reasonableness under Article 14.
- State election commission is a constitutional body under article 243K. Its tenure can’t be curtailed in between.
- Article 243 K: The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to the Panchayats are vested with a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.
- It was brought by 73rd and 74th amendment to conduct the elections for local bodies.
- It is a constitutional body.
- The electoral rolls for local bodies’ elections are prepared according to the rules under the provisions of related Acts, guidelines and instructions given by the State Election Commission.
- Terms and conditions of the services is determined by the governor as per the law made by the state legislature.
-Article 243 k (2): The State Election Commissioner shall not be removed from his office except in like manner and on the like ground as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.
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