SEC invokes plenary powers to block transfer of officials in AP

VIJAYAWADA: Invoking plenary powers, State Election Commissioner Nimmagadda Ramesh Kumar has issued orders restricting transfer of officials engaged in election duties.

The SEC stated that he was invoking plenary powers vested under Article 243K and 2432A of the Constitution. The orders stated that some government servants working with the state election commission as observers are very senior officers and hold important positions in government. In addition, discharge of the election-related functions is considered crucial.

“As observers, they act as a bridge between the district administration and the commission and are the eyes and ears of the SEC, which in turn reposes its trust in them. Henceforth, any observer on election duty attached to the State Election Commission shall not be transferred without the concurrence of the commission during the course of the poll,” the SEC order said.

The commission took note of an instance wherein an officer was continued as an observer, yet relieved of his position by the government. The commission looks with askance at this and stated that, henceforth, such governmental actions will not be permissible. In case of deviation, the commission will take recourse to the plenary powers under relevant sections of law.

The SEC order stated that the next category is that of various functionaries of the government who have important supervisory roles to discharge. The collectors and district election authorities come under this category in addition to all sectoral/sub-divisional magistrates and below, who are vested with magisterial powers delegated by the government.

“All these categories of people shall be entitled to a full and natural tenure in their respective positions and they shall not be transferred, giving occasion to possible caprice on the part of the government in curtailing their tenures.”

“To implement the constitutional mandate of a free, fair and peaceful election, their various acts of omission and commission are often not in tune with the views of the establishment. In case an official is to be transferred before the expiry of a normal tenure, it may be done only after duly recording the reasons.” The commission intends this “as a caveat against all capricious transfers effected with unassigned reasons.”

The SEC order further stated that the police officers heading various police formations and who have done election tour too shall not be disturbed without they serving a normal tenure as is determined appropriate by the DGP.

The last category is that of the Returning Officers/Asst. Returning Officers who also exercise discretionary authority. All the ROs in particular who have served the tour of duty are entitled to tenurial protection and shall not be transferred before completion of a normal tenure.

The SEC said the government servants on election duty will be given comprehensive protection as per a circular issued by the Election Commission of India.