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Calcutta HC rejects plea challenging EC’s transfer of officials in West Bengal ahead of polls
The Calcutta High Court on Tuesday dismissed a public interest litigation against the Election Commission’s decision to transfer several officers in poll-bound West Bengal, saying that it found no evidence of mala fide intent in the orders, Live Law reported.
The reshuffles were ordered after the schedule for the Assembly elections was announced on March 15. It included the transfer of the chief secretary, the home secretary and the director general of police, along with several other Indian Administrative Service and Indian Police Service officers.
A bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen on Tuesday said that there was no evidence of an administrative paralysis after the orders, adding that the replacements had been appointed and that similar or larger reshuffles had taken place in other states where polls are being held, Live Law reported.
The petition had argued that the large-scale reshuffles in West Bengal would disrupt the functioning of the state administration. The petitioner added that the decision amounted to an arbitrary and punitive use of power under Article 324 of the Constitution, Bar and Bench reported.
Article 324 gives the superintendence, direction and control of elections to the Election Commission.
The petitioner also contended that the move undermined principles of federalism.
Dismissing the petition, the court noted that the petitioner had acknowledged the poll panel’s authority to transfer officers to ensure free and fair elections.
The court observed that the admission “leaves no room for any doubt” that the petitioner cannot challenge the Election Commission’s jurisdiction.
It added that courts cannot interfere with or sit in appeal over the administrative decisions of the poll panel “unless clear arbitrariness, mala fide or violation of statutory provisions is established”, Live Law reported.
Addressing concerns that the transfers would paralyse the administration, the court noted that each transferred officer had been replaced, and therefore no administrative vacuum had been created.
“It cannot be said that administrative numb has been created and government will paralyse,” the bench held.
Reiterating that transfers are an incident of service, the court said that individual officers remain free to challenge their transfer orders separately.
In the transfer orders issued on March 16, the Election Commission had directed its immediate implementation and said that those transferred out of their positions should not be posted in any election-related assignment till the completion of the polls.
The orders had triggered a row, with Trinamool Congress MPs walking out of the Rajya Sabha.
The Assembly elections will be held in two phases on April 23 and April 29 in the state. The votes will be counted on May 4.
Source: Scroll
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