The Calcutta High Court on Tuesday dismissed a public interest litigation challenging the Election Commission of India's decision to transfer several senior police and administrative officers in West Bengal ahead of the Assembly elections, Bar and Bench reported.
The Division Bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen held that the transfers did not disrupt governance and were part of ensuring free and fair elections.
Court finds no administrative vacuum
The petitioner, advocate Arka Kumar Nag, had argued that large-scale transfers of senior IAS and IPS officers weakened the State's administrative machinery and violated federal principles. He claimed the move was arbitrary and punitive, as reported by Bar and Bench.
However, the Court rejected the claim. It was observed that replacement officers had already taken charge, and no administrative gap was created.
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"Thus, as such there is no vacuum created in the system or in the administrative arena. The contention of Shri Naidu, learned senior counsel for the ECI, that in place of Chief Secretary and Home Secretary, officers who are 1 and 7 years senior to them respectively were posted, was not disputed by petitioner and the State. Thus, it cannot be said that administrative 'numb' has been created and Government will paralyse if till election, this arrangement has been made to ensure free & fair elections," the Bench ruled.
The Court also said that transfers during elections, even if large in number, cannot be termed arbitrary or mala fide. It noted that similar actions have been taken in other States as well.
Arguments rejected, relief denied
The petitioner had also raised concerns about IPS officers being sent out of the State and questioned the basis of the transfers. Senior Advocate Kalyan Banerjee argued that the Election Commission cannot exercise its powers arbitrarily or take over the State's administrative functions.
He said, "Entire power of running State cannot go to ECI. What will State do when number 1 person working is taken away. Who will look after development He works. What will ECI do if there is a disaster?"
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The Court, however, said a practicing advocate cannot claim grievance unless there is clear injury to public interest. It added that temporary transfers during elections do not paralyse governance.
It also refused to examine allegations linked to impeachment proceedings against Chief Election Commissioner Gyanesh Kumar, stating, "More so, when no nexus between transfers and said motion could be established with accuracy and precision."
While dismissing the plea, the Court clarified that individual officers remain free to challenge their transfer orders separately in accordance with law.
