SEC Order (No.287lSEC-8212O27 DtDate: 06.02.2021)
Full Text
It has come to the notice of the State Election Commission that the Hon’bleMinister for Panchayat Raj and Rural Development had held a press conference on 05.02.2021 at Tirupati and made remarks to the following effect.
“The Collectors and Returning Officers in the State are warned not to obey the instructions of the madcap Election Commissioner. If they follow the Commission’s instructions (preventing forced unanimous elections), action will be taken against them and they will be blacklisted. This Commissioner will be there till March, 2021 end but our Government will continue beyond and we will take you to task. The Returning Officers are to disregard the Commissioner’s directions and declare all unanimous elections. The Commissioner is doing these things to gainMP/MLC seat from Telugu Desam Party. The people of the State are behind us.Unanimous elections shall continue. ”
The newspaper clippings are enclosed.
- Innumerable complaints are being received from political formations and concerned citizens since the statement was made by the Hon’ble Minister for Panchayat Raj and Rural Development, expressing apprehension over the conduct of elections and the sanctity of local body elections. The spate of complaints made in person and over the telephone have not subsided, both from the electorate and the election authorities. Statement made by the Hon’ble Minister for Panchayat Raj and Rural Development had certainly created fear psychosis in the minds of the local body electorate. Therefore, it is the bounden Constitutional duty of the State Election Commission to respond in the said circumstances to instill confidence in the electorate and the aspirants of the local body elections which are considered to be the basic foundation for this Republic, Sovereign and Secular nation envisaged by the 73’d and 74th Amendments to the Constitution, who are preparing to exercise their rightful franchise. The above proceedings are being issued in response to such apprehensions, vested with the Commission as under Article 243K (1) of the Constitution of India. The above proceedings are being issued as the same are the need of the hour since the statement was made by none other than, the Hon’ble Minister for Panchayat Raj and Rural Development. The above remarks of the Hon’ble Minister for Panchayat Raj and Rural Development amounts to not only interference with the election process, violating the provisions of the Constitution of India and more particularly threatenlng the Constitutional independence of the State Election Commission and also tantamount to subversion of democratic election process to the local bodies underway.
- The Commission had carefully scrutinised the purport of the utterances of Hon’ble Minister for Panchayat Raj and Rural Development. To start with, there is not an element of doubt that the Hon’ble Minister for Panchayat Raj and Rural Development has made these utterances as could be verified with the electronic and print media records.
- It has to be borne in mind that the Hon’ble Minister for Panchayat Raj and Rural Development had sworn allegiance to the Constitution of India to uphold the laws of land, while taking the oath of office as the Hon’ble Member of the Cabinet.
- The utterances of the Hon’ble Minister for Panchayat Raj and Rural Development threatening all the Collectors, who are also the District Election Authorities, and the Returning Officers with dire consequences if they follow the Election Commissioner’s instructions which emanate from Artlcle 243K, which mandates to hold free and falr elections, is a serious breach of Rule of Law and tenets of the Constitution of India.
- The Hon’ble Minister for Panchayat Raj and threatening the Collectors and Returning Officers to Rural Development by disregard the legitimate instructions of the State Election Commission in favour of partisan interests i.e., unanimous elections, transgressed the Election Laws as well as Rule of Law.
- The Commission has deliberated concerns both on the issues of law as well as issue of facts and there is found to be unmistakable and deliberate breach, and an attempt to encourage violation of rule of law. The Commission has come to a conclusion that unless corrective steps are taken immediately to remedy the situation arising as a consequence out of the utterances of Hon’ble Minister for Panchayat Raj and Rural Development, the election process and the holding of free and fair elections will be in peril and in danger of being vitiated.
- This is an unprecedented occurrence hitting at the foundations of our democratic institutions and will rend asunder the democratic fabric. In the process, the democratic ethos will suffer an irreparable damage.
- Occupying a position of authority as well as high public office, and representing the ‘State’clothed with the trappings of power, wlth an exalted status of Hon’ble Minister for Panchayat Raj and Rural Development, the utterances are abuse of office for wrongful ends, i.e., forced unanimous elections as opposed to democratic, free and fair elections. The very ethos of Panchayat Raj Department is empowerment of the local self-governance, which was introduced by the 73’d Amendment to the Constitution of india laying the strong foundation for this Secular and Democratic Republic, which is given short shrift sadly now.
- The State Election Commission is bound to uphold rule of law and ensure free and fair elections by invoking the reservoir of power at its disposal by way of the plenary powers vested by the Constitution under Article 243 and as guided by the Hon’ble Supreme Court in its landmark judgement in Appeal (Civil) No. 5756 of 2006 in Kishansing Tomar Vs. Municipal Corporation of Ahmedabad. Thls dictum had been reiterated by the Constitutional Courts from time to time, thus, standing the test of time. This is not the first such instance when the Government had chosen the undermine the local body election process, instances of the past which occurred in the States of Maharashtra, Karnataka, etc., can be recollected for guidance in this instant circumstance, thus the above proceedings are being issued.
- Having carefully looked at the various alternatives and avenues of remedial action, the Commission by invoking its plenary powers under Article 243K of the Constitution, directs the Director General of Police, Andhra Pradesh to confine Hon’ble Minister for Panchayat Raj and Rural Development to his residential premises till the completion of elections to the Gram Panchayats, which will conclude by 21.02.2027.
- During this period, he will not have access to media with a view to prevent making posslble inciteful utterances that will have an adverse impact on the ongoing elections to the local bodies as well as on general law and order situation in the distinct of Chittoor and elsewhere.
- The Commission’s above orders are issued with an intention to carry out its mandate to hold free and fair elections and to insulate the District Collectors and Returning Officers in the State from fear psychoses emanating due to the threats and warnings lssued through the media. The Commission intends to empower the various Election Authorities to discharge the mandated and legitimate responsibilities under Election Laws without fear or favour.
L4. The above orders issued are in the nature of reasonable restrictions and are essentially preventive measures, taken recourse to ensure free and fair elections and to enable the electorate of the State to exercise their franchise freely uninfluenced by threats and intimidation. They shall come into effect immediately and will come to an end on 27.02.2021 on conclusion of last phase of elections. The exhortation by the Hon’ble Minister for Panchayat Raj and Rural Development in favour of forced unanimous elections is nothing but a veiled threat admlnistered to disincentivise the citizens at large to participate in the election process as contestants and voters as concluded by the Commission in its assessment and meriting present stringent measures.
- These restrictions imposed are entirely preventive in nature while denying access to the media and by imposing reasonable limited restrictions. However, these measures will not prevent the Hon’ble Minister for Panchayat Raj and Rural Development for accessing medical aid and such other exigencies warranting inevitable movement as deemed reasonable. During such occasions while allowed to travel, he will not have access to media or to his supporters and followers. This order doesn’t prevent the Hon’ble Minister for Panchayat Raj and Rural Development from disposing of official papers in any manner and will not incapacitate him in discharging his legitimate responsibilities as a Minister. Hon’ble Minister will have access to all official records and papers and can dispose of matters. The restrictive measures vis-i-vis the Hon’ble Minister’s movements now imposed, are solely in public interest. It is always open to the Hon’ble Minister to bring any compelling circumstances warranting an amendment to the conditions of this order which shall be looked on merits and acted thereby .
State Election Commissioner
To
The Director-General of Police, Andhra Pradesh
(Unedited text of the order)